MEDICAL POT DUI BILL IS STILL TOO HAZY - Colorado - International Cannagraphic Magazine Forums

05-11-2011, 02:40 AM

Source:Aurora Sentinel)
09 May 2011
Colorado
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Proponents are happy that a proposed DUI law for mediclal or illicit pot smokers now has teeth in it again, but there is just too much risk that the measure could infairly bite too many.

The measure by Boulder Democrat state Rep. Claire Levy seeks to set a blood-level limit for the active ingredient in marijuana, THC, that has made it so sought after by tens of thousands of Coloradans seeking relief from pain, a way to end nausea, find an appetite or just get high. Currently, the bill is suggesting that anyone driving a car with a THC blood level of 5 nanograms per milliliter of blood be considered intoxicated and charged with driving under the influence. It's much like the system used to snag drunk drivers.

But alcohol is not marijuana, and the science behind what Levy is trying to do is at best murky and most likely irrelevant to what she and her supporters are trying to accomplish: keeping people stoned out of their brains from getting behind the wheel of a car.

What science does know about marijuana is that is has a much more varied effect on people than does alcohol. And the "intoxicating" effect itself is unlike that of alcohol. More to the point, there absolutely is no reliable research making it clear that the 5 ng/ml limit is anything but arbitrary and meaningless.

Just as worrisome, marijuana isn't metabolized in the same way alcohol is. It's unclear whether someone legally and responsibly using medical marijuana could meet or exceed this blood-level threshold without actually being intoxicated. Given the seriousness of the offense, and the consequences of a DUI conviction, all this guesswork and good faith just isn't good enough.

Critics have also rightfully pointed out that this is medication the state is dealing with, it would be ground-breaking to set blood-level limits on a drug, when much more powerful and intoxicating drugs such as Demerol, Vicodin and Valium have no set limits.

And in the end, the measure is really unneeded at this point. Colorado already makes it illegal to drive impaired under the influence of any drug or substance, and there are a bevy of laws making it illegal to drive in a reckless or careless manner.

Lawmakers must either wait for credible research to allow for blood-level limits, or find a more scientific way to determine intoxication, allow HB 1261 to pursue this issue but not regulate prematurely.

Link - https://www.mapinc.org/norml/v11/n295/a08.htm

05-11-2011, 02:40 AM	#1
CANNATOPIA Guest Posts: n/a	MEDICAL POT DUI BILL IS STILL TOO HAZY Source:Aurora Sentinel) 09 May 2011 Colorado ------- Proponents are happy that a proposed DUI law for mediclal or illicit pot smokers now has teeth in it again, but there is just too much risk that the measure could infairly bite too many. The measure by Boulder Democrat state Rep. Claire Levy seeks to set a blood-level limit for the active ingredient in marijuana, THC, that has made it so sought after by tens of thousands of Coloradans seeking relief from pain, a way to end nausea, find an appetite or just get high. Currently, the bill is suggesting that anyone driving a car with a THC blood level of 5 nanograms per milliliter of blood be considered intoxicated and charged with driving under the influence. It's much like the system used to snag drunk drivers. But alcohol is not marijuana, and the science behind what Levy is trying to do is at best murky and most likely irrelevant to what she and her supporters are trying to accomplish: keeping people stoned out of their brains from getting behind the wheel of a car. What science does know about marijuana is that is has a much more varied effect on people than does alcohol. And the "intoxicating" effect itself is unlike that of alcohol. More to the point, there absolutely is no reliable research making it clear that the 5 ng/ml limit is anything but arbitrary and meaningless. Just as worrisome, marijuana isn't metabolized in the same way alcohol is. It's unclear whether someone legally and responsibly using medical marijuana could meet or exceed this blood-level threshold without actually being intoxicated. Given the seriousness of the offense, and the consequences of a DUI conviction, all this guesswork and good faith just isn't good enough. Critics have also rightfully pointed out that this is medication the state is dealing with, it would be ground-breaking to set blood-level limits on a drug, when much more powerful and intoxicating drugs such as Demerol, Vicodin and Valium have no set limits. And in the end, the measure is really unneeded at this point. Colorado already makes it illegal to drive impaired under the influence of any drug or substance, and there are a bevy of laws making it illegal to drive in a reckless or careless manner. Lawmakers must either wait for credible research to allow for blood-level limits, or find a more scientific way to determine intoxication, allow HB 1261 to pursue this issue but not regulate prematurely. Link - https://www.mapinc.org/norml/v11/n295/a08.htm
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