A Driving Question For Colorado Marijuana Users: What Constitutes Driving While High?

[Croppled1]

http://www.oregonlive.com/politics/index.ssf/2011/02/a_driving_question_for_colorad.html

 

DENVER — The surge of medical marijuana use in Colorado has started another debate in the state Legislature: What constitutes driving while high?

 

Lawmakers are considering setting a DUI blood-content threshold for marijuana that would make Colorado one of three states with such a provision in statute — and one of the most liberal, according to Rep. Claire Levy, one of the bill's sponsors.

 

Under the proposal, drivers who test positive for 5 nanograms or more of THC, the psychoactive ingredient in marijuana, would be considered too impaired to drive if the substance is present in their blood at the time they're pulled over or within two hours.

 

Levy, a Democrat from Boulder, said she's gotten resistance from medical marijuana advocates who fear it will restrict patients from using the drug.

 

"What I've tried to assure the patient advocates is that we're not talking about sobriety checkpoints, we're not talking about dragnets and massive stops," she said. "They're not going to be stopped if they're driving appropriately."

 

While it's already illegal to drive while impaired by drugs, states have taken different approaches to the issue. Twelve states, including Arizona, Michigan, Illinois, Iowa, and Rhode Island, have a zero-tolerance policy for driving with any presence of an illegal substance, said Anne Teigen, policy specialist at the National Conference of State Legislatures. Minnesota has the same policy but exempts marijuana.

 

Nevada, which is among the 16 states that allow medical marijuana, and Ohio and have a 2 nanogram THC limit for driving. Pennsylvania has a 5 nanogram limit, but that's a state Health Department guideline, which can be introduced in driving violation cases, Teigen said.

 

Don Christensen, the executive director of the County Sheriffs of Colorado, which supports the 5 nanogram THC blood-content benchmark, said he thinks it's a fair way for law enforcement and the public to know how much marijuana you can consume while legally being able to drive — just as there's a limit with alcohol.

 

"I think it's fair to tell them the rules to be played by," he said.

 

Pot activists, including the National Organization for the Reform of Marijuana Laws, say they hope marijuana DUIs are not based solely on the amount of the drug that is found in someone's system, but rather on the totality of the case, such as how the person was driving and other observations an officer makes.

 

They argue that medical users of the drug may have higher tolerance levels which would allow them to drive or still have trace levels of THC long after they've smoked the drug. Some also worry that medical users may be unfairly targeted.

 

"My only concern is that, because medical marijuana is controversial, that we're entering a new phase of not racial profiling but medical profiling," said Sean McAllister, an attorney at Denver's Cannabis Law Center. McAllister was on a state panel that recommended the 5-nanogram standard, which he said is a fair judge of impairment for most users.

 

Not all marijuana advocates agree.

 

"We're concerned the nanogram limit is too low because most medical marijuana patients are going to have higher levels in their bloodstream because of their continued use of medical cannabis," said Laura Kriho, a spokeswoman with the Cannabis Therapy Institute in Colorado.

 

Rep. Mark Waller, a Republican who is sponsoring House Bill 1261 with Rep. Levy, said their proposal is meant to set a THC-blood level at which someone is presumed to be too impaired to drive.

 

"It's a rebuttable presumption, though," said Waller, adding that drivers won't be automatically guilty of a DUI and will still get a chance to argue their case.

 

The bill is yet to come before a committee for a hearing, but Levy said she's already getting a lot of comments from medical marijuana users.

 

"I'm getting a lot of pushback, a lot of concern that this will hinder the ability of medical marijuana patients to make use of their medicine," Levy said. She said the bill is about safety, not targeting people who use pot for medical purposes.

 

"I'm very supportive of medicinal use of marijuana," Levy said. "You just can't allow people to be driving when they're high."

 

 

 

Actvists better start listing empirical evidence in one place for letter writters to reference for higher or no limits .

[+Annnie]

this is a hard one to understand because i really have no idea how much nanograms are in my blood at any given time.. maybe a friendly nurse or Dr with the correct equiptment would like to test me to gain an understanding.. I volunteer..

[+Annnie]

I have only been overmedicated to the point of not wanting to drive once. And i started pretty young folks..

[+washtenaut]

I agree with Annnie. One can certainly drive while medicated once you have learned how it affects you and it is difficult for the experienced user to ingest too much.

 

Everyone wants to compare it to alcohol intoxication but the two are not that much alike. Drunks are often reckless and dangerous where marijuana users are typically not so. Marijuana users are more careful than alcohol users. Marijuana users seem to realize that the more they have ingested, the more attention needs to be paid to driving. Alcohol users seem to take less and less care driving as they drink more.

 

The slowing of response time is the common effect that people point to but really there is no absolute measure of response time that must be achieved in order to drive and I don't think that is tested on sobriety checks either. Differences between the two types of intoxication include level of thrillseeking and attentiveness to driving.

 

After ingestion, THC breaks down over time into other metabolites that get stored in our body fat. Measurements of THC metabolites in drivers involved in accidents are often touted as showing how dangerous marijuana is to society. That test may be detecting ingestion that happened weeks ago. No honest person could claim that marijuana taken weeks earlier caused an accident. There needs to be testing for THC but I think allowances need to be made for patients.

 

I think states need to define blood THC levels to determine DUI's. Zero tolerance is illegitimate, imo. Perhaps medical MJ users could have a higher level to account for their regular use. I suppose anyone could claim regular use, but patients would have the legal right to regular use. Just a thought...