Colorado May Set Limits For Driving After Marijuana Use

[MedicalNeed]

Colorado could soon establish tough new measures to crack down on those who toke and drive.

Under a proposal expected to be introduced at the Capitol early next year, the state would create a threshold for the amount of THC – the psychoactive component of marijuana – drivers could have in their blood. Anyone who is stopped and tests above that limit would be considered to be driving while stoned.

Drivers suspected of being impaired by marijuana or other drugs already have to submit to a blood test or face a suspension of their licenses. But the proposed law would set a standard at which the law would presume a driver impaired by marijuana.

"It will bring some clarity to the issue of whether you are or are not impaired under the influence of marijuana," said state Rep. Claire Levy, a Boulder Democrat who is likely to be one of the proposal's sponsors in the legislature. ". . . There isn't a bright line right now."

State law already bans driving while under the influence of drugs, but law enforcement officials say the law is vague on how they should establish a suspect is high. That – plus the concern that the state's medical-marijuana explosion could lead to more impaired driving – led members of a subgroup of the Colorado Commission on Criminal and Juvenile Justice to examine the issue, said Arapahoe County Sheriff Grayson Robinson, a commission member.

"It became clear to us that marijuana is an area that had not been given due consideration," he said.

Gauging impairment

The proposal, which the full commission endorsed last month, sets the THC threshold at 5 nanograms per milliliter of blood. Robinson said research shows that level is indicative of impairment. Anyone over the threshold would be presumed to be impaired, in the same way any driver with a blood-alcohol content over 0.08 percent is considered to be too drunk to drive.

Sean McAllister, a lawyer who serves on the commission's drug policy subgroup, said the research doesn't take into account the tolerance level of frequent users. He said he worries that the proposal could unfairly affect medical-marijuana patients, who may be able to have higher THC levels without impairment.

But, he said, he agrees something needs to be done, and he said he advises patients to wait at least four hours after using marijuana before driving.

"No responsible advocate of legalization believes that people should be driving high," McAllister said.

David Kaplan, the state's former top public defender, said he shares concerns over the 5-nanogram level and whether "there was a strong enough correlation on what impact it has on your driving behavior."

Still, Kaplan, who is the vice chairman of the commission, said he supports the process by which the commission came to its proposal.

Other states set limits

If the proposal is adopted, Colorado would not be the first state to set a maximum THC limit for drivers. A number of states have zero-tolerance policies for drivers with THC in their blood. A handful of states, including Pennsylvania, have a 5-nanogram limit for marijuana or its metabolites, according to the National Organization for the Reform of Marijuana Laws, or NORML.

Marijuana advocates and law enforcement officials often clash over how big of a problem stoned driving is.

A report last month from the National Highway Traffic and Safety Administration found that at least one in five drivers who were killed in car crashes in 2009 subsequently tested positive for drugs. THC or some other form of marijuana showed up in 1,085 of the 21,798 drivers killed. In Colorado, THC or some other form of marijuana showed up in 26 of the 312 drivers killed that year.

The commission's proposal will likely be turned into a draft bill and introduced in the legislature during the early part of next year's session, which starts in January. Because it has the backing of the commission, its sponsors are optimistic it will receive a warm reception.

State Rep. Bob Gardner, a Colorado Springs Republican who is the chairman of the House Judiciary Committee, which would likely be first to vote on the proposal, agreed.

"I think there's a lot of support for that idea," he said.


NewsHawk: MedicalNeed: 420 MAGAZINE
Source: denverpost.com
Author: John Ingold
Contact: Contact Us - The Denver Post
Copyright:2010 The Denver
Website:Colorado may set limits for driving after marijuana use - The Denver Post

 

[Odin]

Gauging impairment

The proposal, which the full commission endorsed last month, sets the THC threshold at 5 nanograms per milliliter of blood. Robinson said research shows that level is indicative of impairment. Anyone over the threshold would be presumed to be impaired, in the same way any driver with a blood-alcohol content over 0.08 percent is considered to be too drunk to drive.

Sean McAllister, a lawyer who serves on the commission's drug policy subgroup, said the research doesn't take into account the tolerance level of frequent users. He said he worries that the proposal could unfairly affect medical-marijuana patients, who may be able to have higher THC levels without impairment.

But, he said, he agrees something needs to be done, and he said he advises patients to wait at least four hours after using marijuana before driving.

"No responsible advocate of legalization believes that people should be driving high," McAllister said.

David Kaplan, the state's former top public defender, said he shares concerns over the 5-nanogram level and whether "there was a strong enough correlation on what impact it has on your driving behavior."

Still, Kaplan, who is the vice chairman of the commission, said he supports the process by which the commission came to its proposal.

Other states set limits

If the proposal is adopted, Colorado would not be the first state to set a maximum THC limit for drivers. A number of states have zero-tolerance policies for drivers with THC in their blood. A handful of states, including Pennsylvania, have a 5-nanogram limit for marijuana or its metabolites, according to the National Organization for the Reform of Marijuana Laws, or NORML.

From my understanding from studies done by NORML, frequent users can still have 1-2 ng/ml THC in their blood a week after smoking last, after a period of chronic use. Supposedly it peaks at upwards of 100 ng/ml during and shortly after smoking. Then it drops down over the course of an hour to single digits.

That said, I have to really wonder about the users they studied. Hopefully they had a very broad spectrum of users, but I am most interested in chronic/medical users who smoke a lot more pot than average people.

I smoke a lot of cannabis. I'd venture to guess at least an ounce a month. Pretty much every day, through out the day. Some days more than others. I also smoke a lot of hash. Where as many people smoke a lot at once then stop for a while, I typically puff throughout the day. I am able to get the medicinal effects I need without actually getting intoxicated. Go to class, do homework, etc, doesn't impaire me. Frankly it takes a lot to get me fucked up on pot. I have to smoke a lot of hash for that to happen. I never drive immediately after smoking, but I will feel fine and head out the door a half hour or 45 minutes later. That said, I have driven stoned plenty of times. Its not like drinking and driving, thats for sure. In fact the last 4 or 5 cops I spoke to during traffic stops had no idea I had just smoked recently and never even asked me if I had.

I would like to see extensive studies done on users of all types before they impliment a legal limit. I'm afraid it will turn into something like the DUI laws, where more regular users are far more at risk for DUIs because where as one beer might get one person buzzed, it would take 3 or 4 for another. In other words, one man's .05 is another man's .10. Thats one reason why low BAC DUIs are far more common than high BAC DUIs, a "legal limit" tricks people into thinking that if they feel sober, they are, and that they can drink and drive to a degree. Leaving it entirely up to people to determine for themselves lands a lot of people in jail with a DUI.

With a "legal limit" of 5 ng/ml, I have a feeling people like myself and many others could technically be driving around over the limit, without even feeling high (or even smoked recently for that matter). More studies must be done on this subject.

Marijuana advocates and law enforcement officials often clash over how big of a problem stoned driving is.

A report last month from the National Highway Traffic and Safety Administration found that at least one in five drivers who were killed in car crashes in 2009 subsequently tested positive for drugs. THC or some other form of marijuana showed up in 1,085 of the 21,798 drivers killed. In Colorado, THC or some other form of marijuana showed up in 26 of the 312 drivers killed that year.

Goes back to what I just said. There is no way to prove the people tested in these accidents were actually high at the moment of the accident. They could have smoked yesterday. We all know how long THC stays in your system.

 

[emilyblunt]

It's reasonable for the state to issue driving limits. I can't seem to concentrate in driving when I'm stoned but that's just me. I have low tolerance in MJ but I know a lot of friends who can smoke and drive safely. I guess it's just a case to case basis. For the good of all the citizens, I think this is a good idea.

 

[Jim Finnel]

It's reasonable for the state to issue driving limits. I can't seem to concentrate in driving when I'm stoned but that's just me. I have low tolerance in MJ but I know a lot of friends who can smoke and drive safely. I guess it's just a case to case basis. For the good of all the citizens, I think this is a good idea.

Its 420 Magazine's offical stance

 

[Odin]

It's reasonable for the state to issue driving limits. I can't seem to concentrate in driving when I'm stoned but that's just me. I have low tolerance in MJ but I know a lot of friends who can smoke and drive safely. I guess it's just a case to case basis. For the good of all the citizens, I think this is a good idea.

Of course it is. But would you want to get stopped a day after lots of smoking and get a DUI for pot, even if you weren't high or had even smoked that day?

Of course there has got to be limits.

 

[whiteraven86]

"A report last month from the National Highway Traffic and Safety Administration found that at least one in five drivers who were killed in car crashes in 2009 subsequently tested positive for drugs. THC or some other form of marijuana showed up in 1,085 of the 21,798 drivers killed. In Colorado, THC or some other form of marijuana showed up in 26 of the 312 drivers killed that year."

The problem with this statistic is as most of them it does not state if there was also alcohol in the test samples. Cannabis alone has been tested for driving impairment and cannabis alone has a lesser effect on driving ability when used alone. Mixed with alcohol; the negative effect on driving ability is enhanced for both.

If you have only smoked and did not drink insist on a blood test. The no tolerance in some states will pick up the cannabis by products in urine weeks after use. You could still go to jail if you were stone cold sober without any psychoactive effects.

 

[Bonehead]

I do not believe we truely understand cannabinoids and the reasons why it is not like alcohol or most other drugs that exit your system much quicker than MJ (I think that is a good thing). I also believe the tools use to measure levels in one's system are flaud to begin with not to mention that it is totally unnecessary. They are basically saying that law enforcement cannot conduct a field sobriety test properly. Do we really need a drug test to tell if someone is so f-upped, they can't drive?

 

[basementdwell]

total BS. I have smoked more then half my life and drove just as long . never got into an accident while high but on the other hand been in 3 major accidents, not high. ! which i crash my bike while some what intoxicated on beer. my last time ever drunk. been in 10 or so accident all of which were my fault except one. i do smoke and drive and feel i am a better driver while high. setting a limit which could limit daily users before even smoking is total BS and just another way for our states to bring in more income through dwi charges, IMHO.

 

[Odin]

Good posts. I personally am a lot more concerned about people on prescription pharmaceuticals and drugs like AMBIEN which can cause people to SLEEP DRIVE!!!

Sorry officer, I was just having this awesome dream....