Senate Committee OKs Marijuana DUI Standard

[420 Warrior]

The hazy debate over driving while high is back before Colorado lawmakers as a Senate committee voted Monday to endorse a proposal setting a scientific standard for determining whether drivers are impaired by marijuana.

The bill says drivers would be considered impaired if they test positive for 5 nanograms or more of THC, the psychoactive ingredient in marijuana, per milliliter of blood.

There's disagreement over whether a blood THC test is a fair gauge of whether a driver is impaired, but a Senate panel voted 4-1 to forward the measure to the full chamber.

"The privilege of smoking marijuana should stop at the vehicle door," said the bill's sponsor, Republican Sen. Steve King, of Grand Junction.

Pot activists said they agree driving while high should remain illegal. But some vigorously object to blood testing as a measure of impairment.

Because marijuana chemicals are stored in the body's fat, levels can build up over time in people who use pot often.

Scientists gave conflicting testimony Monday.

"Nobody in this audience wants to have drugged driving policies, ( but ) there is disagreement about per se limits in chronic users," said Dr. Paul Bregman, a Colorado physician who recommends marijuana.

However, lawmakers were swayed by conflicting testimony from Cindy Burbach, forensic toxicologist for the Colorado Department of Public Health and Environment.

She told lawmakers that the agency is getting more requests from law enforcement for blood THC tests, from 8,600 requests in 2009 to nearly 10,400 last year.

"Five nanograms is more than fair," Burbach told senators. She said the department used a different THC screening procedure before 2009, making comparisons before then impossible.

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Location: Denver, CO
Source: Summit Daily News
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Copyright: 2012 Associated Press
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[CANNAJAH420]

I have to believe technology cant be far behind in creating some new way to properly tell if a driver is currently impaired or not from the use of medical cannabis.

 

[wannabgreen]

a typical pre-employment drug test checks for anything over 50 nanograms of thc in one's urine which a regular smoker can fail at that rate for months after stopping smoking depending on their metabolism and daily physical activity, I don't know about a drug blood test but seeing how they want to for 5 ng's when a pre-employment test goes for 50 ng's it seems pretty rediculous to me. I guess they just want to try to put as many pot smokers as they can in jail for driving while not high. maybe someone who knows about the ratio of thc in blood tests compared to in urine tests could shed some better understanding on this.

 

[nico piff]

the idea of not wanting people driving stoned is completely fair, the method of testing is completely unfair. I feel that they should leave this issue alone until the can find a better way to test someones current state of mind.

 

[budbro]

I'm not sure why everyone makes such a big deal out of blood testing? It's not like you are going to have cops with syringes and lab equipment in their car. You'll only get tested if you have done something so detriment that you get hauled off to the pokey, from what I understand.

 

[DTFuqua]

Can you honestly believe that with enough zealots out there that this will not be used to just harass and put innocent people in jail. Look at the laws for marijuana possession in NY are treated. Small amounts are just a ticket if not in plain sight but the cops say "empty your pockets" or turns their pockets out themselves and turn a ticket into an arrest. Easy Peasy overtime and a boost up the ladder keeping the arrest numbers up so funding keeps going up so the cops can get more overtime setting on their butts waiting in a comfortable witness room. Follow the money, power, and corrupt wannabes just hoping someone will notice them and make them the next Rush Limbaugh.

 

[chuck14od]

I have read hundreds of hours about the holy herb, it's benefits to humanity, and sorry I cannot remember where I read this fact... But I did read somewhere that the amount of Motor Vehicle accidents from people 'under the influence of marijuana' is exactly the same as those who are stone cold sober, not one fraction of a percent higher. It did come from some quasi-government motor vehicle/insurance org though.

As far as this post about NY....hey, unless they see it,(or claim they smell it, which is very often when there is NO SMELL) they have no legal right to search your vehicle or search You or make you empty your pockets. MAKE the assholes do the work, go to a judge, and get a search warrant. You are protected by the fourth amendment from illegal searches on your body, vehicle, home, etc. Usually they won't go to the trouble, they just assume, and rightly so, the majority have no clue what the law is. Neither do the cops actually, just love to abuse their authority though..
As for motor vehicle stops in general, lock your doors, roll your windows up, only enough to slip your paperwork out. Driver, only YOU speak to them, no one else in the car. No one else is legally obligated to provide any ID either. Never let them in the car. If they ask you to get out, do so, but again, lock the doors before they 'help themselves'. NEVER give them consent to enter your vehicle or search you, do not empty your pockets, etc. Even if you are 'innocent'. It is NONE OF THEIR FUCKING BUSINESS where you are going or where you have come from.

LEARN THE LAW PEOPLE!!! I'm no lawyer, but we do still have some constitutional protection, and every asshole with a badge abuses their power. If you or someone in your vehicle can, record the entire stop on video.....secretly if possible, as many LE officers really get pissed off when it is done to them, LOL. Peace and freedom for all

 

[chuck14od]

Speaking of NYC....before mandatory drug testing, back in the days of the late 70's/ early 80's, I knew Undercover Narcotic pigs ripping off drugs and money from the 'criminals', doing it and selling it themselves. Also, a majority of corrections officers doing it on and off the job in a famous NYC jail. Yes, there may be some 'good ones' who actually want to protect and serve, but as most of us know, damn few. Their number ONE JOB is to LIE. More so than even lawyers . I don't care to recall how many times I have been in that most uncomfortable back seat in cuffs, or chained to the bench, but unless you know how to speak to them and fuck with Their heads, keep you mouth shut. I bet at least 75% of people in prison have put themselves in there by stupidly talking to the cops. The last time I was chained to the bench I listened to 4 hours of their bullshit, blew smoke up their ass and fucked with them out of my sheer enjoyment of doing it, to the point by the time they let me go, the two of them apologized and shook my hand five times each saying sorry. Honest, no shit. They had Nothing on me, that they could prove. Heard the Prosecutor screaming over the phone at them when they were talking to him about me.That's when they unchained me and started apologizing. Either know what you are doing, what and what not to say to them, or shut up completely/ The ONLY THING YOU LEGALLY HAVE TO TELL THEM IS YOUR NAME AND ADDRESS. Otherwise, 5 WORDS......"I HAVE NOTHING TO SAY"