BILLINGS — A Billings man charged with vehicular homicide while under the influence of marijuana is challenging the state standard at which a person is considered to be under the influence.
Public defender Gregory Paskell says the THC blood level set by the state is arbitrary and he’s asking that the charge against 20-year-old Kent Roderick Jensen be dismissed.
Deputy Yellowstone County Attorney Victoria Callender said the Legislature set the legal limit and the case should move over.
The Billings Gazette reports Jensen is charged in the March 2016 death of motorcyclist Jashua Fry.
Court records say Jensen’s blood contained 19 nanograms per milliliter of THC, the active ingredient in marijuana. State law says a person is under the influence with a blood level of 5ng/mL of THC.
District Judge Gregory Todd has not ruled on the motion to dismiss.