Colorado passes MJ DUI bill

Discussion in 'Cannabis Politics' started by TheApprentice, May 12, 2013.

  1. TheApprentice

    TheApprentice Retired.

    [​IMG]


    After three years of trying and despite the science to back it up, the Colorado legislature finally passed a bill limiting the amount of THC a person can have in their system to 5 nanograms per-milliliter of blood.


    House Bill 1325 received more than two-thirds support earlier today.





    If signed by the governor, the limit will be set in stone. According to Kristen Wyatt with the Associated Press, Colorado Governor John Hickenlooper has already asked for the bill so that he can sign it.





    Hickenlooper had campaigned for setting a limit over the last few months.


    The move is disappointing and frustrating for activists, who were given a glimpse of hope back in April when the original bill was shot down by the Senate Judiciary Committee last month. But it came back with a vengeance, first as an addition to Colorado's recreational cannabis industry rules that are still being debated at the state capitol and then re-introduced as a separate bill late last week.





    This time around - and with few changes from it's incarnation earlier this year - the bill zoomed through the House and saw overwhelming support in the Senate. Several people have said that the bill's sponsors took advantage of state lawmakers having little time left for debate before the legislative session ends tomorrow.





    The bill marks the fifth time THC DUI laws have been pushed over the last few years. Past bills sought to make the 5 nanogram limit standard per-se, meaning if you were at that level you were deemed intoxicated by law. HB 1325, however, makes the limit a "permissible inference". Supporters of the bill say the change would allow people to argue in court that they weren't impaired because the 5 nanogram limit could be disputed.





    But local attorneys have called the slight change meaningless, and argue that it still sets a scientifically unproven level in state law. "It's based on poor-to-no science and is going to end up with innocent people being punished and incarcerated," said Denver marijuana attorney Warren Edson.


    Some have blamed Colorado's Amendment 64, which legalized small amounts of cannabis, for the THC DUI law. The point to language in the amendment calling for driving under the influence to remain illegal.





    However, the bill did not call for any set THC limits - as was the case with Washington's Initiative 502 -- and Colorado legislators have been trying for years before Amendment 64 came along to pass THC limits.


    Driving under the influence of marijuana is already illegal under Colorado law, and many point out that legislation enshrining a blood limit is unnecessary. Already the state has more than a 90 percent conviction rate on drug driving cases.





    Read Colorado House Bill 1325 in it's entirety below.


    HB 13-1325: Reintroduced Driving Under the Influence of Drugs Bill


     
  2. LionLoves420

    LionLoves420 Lazy Days In The Sun

    I feel sorry for the first cop to try and do a blood test for THC levels....ACLU will be all over that...
     
  3. Hank Chinaski

    Hank Chinaski Ruminating

    I've said many times, the ability to do a reliable field test for THC intoxication will overcome a major objection to cannabis legalization and will only further speed up the legalization process.


    People fighting against this are fighting against their best interests, I think. It's like people want to have their cake and eat it too. It's like "Legalize it, but don't even think about trying to test me for it when I'm driving, 'cause, uhhh, that test isn't accurate (I hope) and, anyways, I drive just fine when I'm high." Lol.


    No idea how reliable what they are using in CO is, though. I think I remember Stash saying the technology for measuring THC blood levels was accurate, but, FFS!, don't quote me on that.
     
  4. LionLoves420

    LionLoves420 Lazy Days In The Sun

    The problem is with the amount of marijuana I smoke daily, whether I am actually physically high at the time of the test does not correlate to how much THC is in my blood because of the half life of the chemical. I could not smoke for a day, drive, get tested, and still be over the limit.


    I just read and our social media posted an article about this the other day when it comes to tolerance. Basically marijuana takes over as the main cannaboid creator in your brain, so when you smoke like myself and others do, we are cognitively the same as if we were not smoking at all and our brain was naturally making the chemical.


    So no, any test would not be reliable at all. It isn't the same as other intoxication, which is the whole point of the movement in the first place.
     
  5. Hank Chinaski

    Hank Chinaski Ruminating

    Yes, I have heard these objections before.


    However, I think it's just wishful thinking (refer to my previous post) to say it could never be tested for reliably.


    Admittedly, I'm not a scientist, but If I had to guess, I'd say that it could probably be done, if not now then soon, and that you are probably overestimating your understanding of the science involved.
     
  6. Hank Chinaski

    Hank Chinaski Ruminating

    Hmmm, I thought the "movement" was more about personal freedom than pots uniqueness as an intoxicant.


    Of course, there is no one "whole point" and it means different things to different people.
     
  7. rasganjah

    rasganjah True Ganjaman

    Cut me and I bleed straight THC! :5eek: I guess with this kind of law, people like me are just fucked if we get pulled over and tested? :wtf?: If it's signed by the governor I think this will be challenged and will be a big deal down the road. We haven't heard the last of this whole aspect of the legalization movement. :passsit:
     
  8. LionLoves420

    LionLoves420 Lazy Days In The Sun

    I will never say science CAN'T or will not every do it, but as of right now people like me and Ras will be busted for DUI whether we smoked a day or ten minutes ago.


    And yah, I am pretty sure that not only is one point of the movement that marijuana isn't that bad for you as an intoxicant, but your freedom part goes quite well with us NOT wanting to be blood tested by cops in the field, or at a station, or at a hospital (and then who pays for that?).
     
  9. TheApprentice

    TheApprentice Retired.

    Heres my issue with this.... people who use MedMJ will be deemed driving impaired??? Seriously?? So if they are on Benzos or strong opiate painkillers they get a pass but if they use MedMJ they get fucked?? Im gonna need to read that bill cos it dont sound right:j:
     
  10. LionLoves420

    LionLoves420 Lazy Days In The Sun

    Another good point. I can drive all day long on my benzos and no one cares. But I smoked a joint and go for a ride there is an issue?
     
  11. rasganjah

    rasganjah True Ganjaman

    Fuck,.... I don't even get in the car without my pipe and some ganja! Especially for a long drive. I have to smoke in the car or else I will road rage out and kill someone! I drive in Southern Cali!
     
  12. Hank Chinaski

    Hank Chinaski Ruminating

    Well, they are impaired, aren't they?


    The laws against driving while on various legal pills need to become stricter then, no? I don't think the answer is to use their laxness to justify laxness concerning driving while on cannabis.


    Driving while high is a major and reasonable objection to legalization, I think. The pro-legalization movement should be helping to develop reliable field testing methods for cannabis intoxication. Instead, they always come off as fighting against it, for what seems like, at the heart, purely selfish reasons. As in the "I can drive fine while high, so I'm against those tests." kind of reasoning. Nobody here has said that exactly, but I've participated in this same debate quite a few times and that always is the feeling I get.
     
  13. LionLoves420

    LionLoves420 Lazy Days In The Sun

    It has always seemed like an afterthought in the states where this is an issue rather than the main concern of the opposition. It is more like the last ditch effort of the opposition to regulate marijuana at some level.


    Let us be honest. Driving while stoned for the majority of people who do it is not an issue. People like truck drivers and shit will still get tested, nothing will change there, and if you have an accident on marijuana, just like if you have an accident with a .07 BAC (not quit over the limit), you will take on an extra charge in most states.


    Why do we need invasive tests that are not accurate to prevent something that isn't an actual issue in the first place.


    It isn't an issue and the only reason people make it one is because they lost the marijuana prohibition cause.
     
  14. Hank Chinaski

    Hank Chinaski Ruminating

    Sorry, I can't resist nitpicking and pointing out that:


    1. No one has said in this thread that "marijuana isn't that bad for you". You said "It isn't the same as other intoxication". That isn't the same thing, and neither statements bear on the issue of driving impairment, it seems to me.


    2. The personal freedom involved in ingesting drugs in your own home is nothing at all like resenting be checked for intoxication when driving on the road and possibly endangering other people.
     
  15. Hank Chinaski

    Hank Chinaski Ruminating

    No, it is a major objection, by non-smokers obviously, where ever and whenever the legalization debate comes up.


    The rest of your point is anecdotal. You have no idea really what percentage of people are impaired to what degree after smoking some particular amount. Hell, most people can probably drink and drive just fine. Some will cause accidents, though.


    It's really quite amazing that pot legalization activists think they should, and are going to, get away with no regulation regarding cannabis use and driving.
     
  16. TheApprentice

    TheApprentice Retired.

    No,but use their laxiness to put them on a par with MMJ users.

    You wont get any argument from me Hank. My point was more "look why only persecute the weed?" .If people who use weed for med use cant drive then neither should people on morphine,benzos and other mind altering med drugs. All we want is to see the Herb treated at the LEAST on a par with other medical drugs. I had a pal knocked down and almost killed by someone on Opiates (methadone) but because they were prescribed medically nothing happened. Why should they be able to demonize MMJ users. Thats my school of thought:2c:
     
  17. LionLoves420

    LionLoves420 Lazy Days In The Sun

    It may be anecdotal, and there is a reason for that. Like you said I have no idea of the actual numbers of people driving stoned, whether a little or a lot. However, I can not look up those statistics because they are not there. There have been little to no statistical analysis for this because there is no reason to do it. Why? Because most people who drive high on marijuana do not get into accidents because they were high on marijuana. It is a non-issue.


    In fact the only studies done on marijuana and driving (if you do a quick google search) were done with people who were not everyday stoners to start with, then got them incredibly high real fast, and put them through a COURSE and not a road test. They still were not a danger to themselves or others in most cases.


    There are too many factors involved that aren't with something like alcohol. Tolerance for alcohol does not make your motor skills work normally. It doesn't work that way. Once you are drunk to that point, you are not able to operate. But pot isn't like that. Even those with a very low tolerance can use their motor and cognitive skills just fine.


    And no, I've never seen the DUI issue at the forefront of any of the anti-legalization movements in the states where it goes on. That is never the sole focus. And right now I am reading nothing but marijuana articles and have been for months!
     
  18. Hank Chinaski

    Hank Chinaski Ruminating

    It is an issue.


    I'll call bullshit on that one.


    I never said it was the sole focus of any anti-legalization people or group. It is one point, and a common one. As such, there are articles about it, and people bring up the point in discussions in real life and on the internet, and for those reasons it has been a discussion here on several occasions.


    Another very closely related point, also very common, is employers worrying about work place use and their ability to first test for it, and secondly restrict it.


    Pretending that there aren't people worried about these issues who will vote against legalization simply because there aren't quick, easy ways to test for it does nothing for the "movement".
     
  19. LionLoves420

    LionLoves420 Lazy Days In The Sun

    I am not saying they are not points used in discussions, but I've yet to see one at the fore front, other than work place testing which faces the same problems as DUI testing. People like me would get busted every time whether we were actually high at the time of the test or not.


    Until you can reliably say someone is high on marijuana at this time, then no acceptable loss of freedom or invasion of privacy is justified.
     
  20. ResinRubber

    ResinRubber Civilly disobedient/Mod

    Variability of reaction to an intoxication does not alter the fact that some level of intoxication is in place. Just because we're not some hysterically laughing teen-ager when we're stoned doesn't mean something isn't impaired.


    DUI in my state also encompasses prescription drugs. The problem magnifies though with a recreational and more widely accepted use. If we want the freedom to intoxicate we need to recognize and codify areas of that use that can reasonably be assumed to pose a public safety risk. It's also in our own best interest if we need to defend ourselves in court to have codified limits of intoxication.


    I can't speak to the accuracy of timeline on use the metabolite testing gives..but we gotta concede something as basic as DUI statutes.
     

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