Colorado legislature sets marijuana limits for motorists

[onehandle]

Source: Reuters

DENVER (Reuters) - Lawmakers took a key step toward implementing Colorado's recreational marijuana law on Tuesday when they set blood-level limits for driving, but a measure to tax retail pot was in limbo a day before the legislative session was set to end.

Along with Washington state, Colorado voters in November approved the use of small amounts of marijuana by adults. The Colorado vote directed state lawmakers to set up a regulatory framework for the sale and taxation of cannabis.

The driving-while-stoned bill sets a 5-nanogram-per-milliliter threshold for tetrahydrocannabinol, the active ingredient in marijuana. The proposal now heads to Governor John Hickenlooper, who has indicated his support for the measure.

"I think this is an important part" of regulating pot, Hickenlooper, a Democrat, told reporters on Monday.

Read more: http://ca.news.yahoo.com/colorado-legislature-sets-marijuana-limits-motorists-030448653.html

[pipoman]

1. Anyone know what this means?

"5-nanogram-per-milliliter"...how long after ingestion does someone remain at or above this limit? Do people who ingest more frequently maintain a higher number for longer than someone who only does occasionally? How is this tested and what are the indications for LEO to check a motorist?

[Bay Boy]

2. Are you in a hurry for this info?

Is there a police cruiser with it's flashers on behind you?

[annabanana]

5. This is actually very important information, as traces of MJ use

remain in the system and show up on tests for a couple of MONTHS after use.. and way way after there's any effect on driving or anything else.

[sorefeet]

6. It means when I crawl out ot bed

in the morning I have 50 times over the DOT cut off limit. That was at 4 nano grams I took a drug test in Alabama and the doctor said that is what I tested at. I hadn't even smoked that morning. It means the guy I talked to last week after abstaining for 6 weeks and 3 days still pissed hot. It means that as a legal medical marijuana user I am 100% an invalid who can NEVER drive again and be legal. How will I(single man) be able to go to the grocery store. How will I ever be able to anything again. It means PROVE I'M IMPAIRED at 200 nanograms let alone 5 nanograms.
The DOT test is only to tell that you have used drugs not how impaired you are. Montana just enacted the same law 5 nanograms. Even though I have complied with all of their laws to be legal they are going to continue to do their damnedest to keep me a criminal. I have technically been a criminal for about 45 years now. Worked 50 years, payed taxes ,never hurt anyone, always strived to help people, Veteran, senior citizen, criminal in the "land of the free".
Every politician in this country can go fuck themselves, they are the real criminals and enemy of America.

[sweetapogee]

12. I guess

there is a difference between a right and a privilege, no? Suppose you are using MMJ and have an at fault MVA. Would your MV insurance cover this? Would the not at fault party be able to sue you for improper vehicle operation? Will the government require each MMJ dose package to have a warning label telling the patient that they should reframe from operating heavy machinery while using the product, same as chemical pain killers do now?

Should be interesting to see how this unfolds.

[sofa king]

7. It concerns me a little.

Way, way back when, I attended a NORML meeting in which several lawyers pointed out that a blood test for THC metabolites was exactly the wrong way to go as a driving test, because the THC is stored in body fat for up to a month, and regular potsmokers therefore can test as "intoxicated" without any recent use at all.

The idea at the time--over 20 years ago, now--was to develop and implement a saliva test that would not be thrown off by regular use, and only test positive for recent use, as within two or three hours.

Interestingly enough, twenty years ago I would have snorted and said, "well then the courts will toss that bullshit out straight away." Now I know that the courts will always land on the side of money and power when it's important, bullshit or not.

So whether or not the idea works practically or even in theory is irrelevant to whether or not lawmakers will choose to pursue it.

A poorly implemented law would cost citizens millions, circulate hundreds of thousands through the DMV revenue-grinder, make insurance companies rich as they can charge more money for people who drive slower and safer than normal, and shovel a boatload of cash into Daddy Warbucks' pocket.

So I'm going to guess that's what The Man really wants.

[Robb]

3. Importantly, the new law does not set an automatic conviction.

It's a "permissive inference" law, meaning in a courtroom prosecutors can present evidence of 5-nanograms-per-milliliter being present as a piece of evidence to suggest the person was impaired. Drivers can still present evidence they were not impaired, and prosecutors cannot rely exclusively on the blood test for a conviction.

[think]

8. Thanks for the input. One would think that info would be crucial enough

to be included in the article...

This article at least briefly mentions this important criteria:

Colorado legislature gives final OK to marijuana driving limit
Posted: 05/07/2013 10:11:48 AM MDT
Updated: 05/08/2013 06:25:43 AM MDT
By John Ingold
The Denver Post

Read more: Colorado legislature gives final OK to marijuana driving limit - The Denver Post http://www.denverpost.com/breakingnews/ci_23189484/colorado-legislature-gives-final-ok-marijuana-driving-limit#ixzz2Shrk2gLX
Read The Denver Post's Terms of Use of its content: http://www.denverpost.com/termsofuse
Follow us: @Denverpost on Twitter | Denverpost on Facebook


~snip~

The bill does not change anything about how police identify, stop, question or test stoned drivers. Except in extreme circumstances, drivers would have to give consent to have their blood drawn — though they could lose their licenses if they refuse a request for a blood test.

The bill's impact is in the courtroom, where it creates a "permissive inference" — essentially a nudge — to juries that people with more than 5 nanograms of THC per milliliter of blood were stoned.

That is a smaller impact than in previous years, when versions of the bill made it an automatic conviction to drive with a THC blood level above the limit.

~snip~

Read more: Colorado legislature gives final OK to marijuana driving limit - The Denver Post http://www.denverpost.com/breakingnews/ci_23189484/colorado-legislature-gives-final-ok-marijuana-driving-limit#ixzz2ShrL2tK3

http://www.denverpost.com/breakingnews/ci_23189484/colorado-legislature-gives-final-ok-marijuana-driving-limit

[Robb]

9. In fairness, I heard about it here in CO on the radio, so they're talking about it.

It's in there because it was pointed out that regular users will always have that much in their system, probably, but aren't necessarily impaired; the science bore that out, so it's in the bill.

[think]

10. Good to know some common sense is being used in crafting the legislation

I feel much better about the law as long as it remains in the realm of "permissive inference"

Thanks again!

[SHRED]

13. Wait until insurance companies get ahold of this

You can be sure it won't matter how it is worded when someone gets in an accident and tests with 5 npm.

[former9thward]

18. That is the same standard as the 0.08 for alcohol DUI.

But its a line in the sand and just like with the alcohol standard once you have crossed the line it is almost impossible to get a judge or jury to take your side.

[think]

4. Changed this post post due to the inclusion of "permissive inference" referenced above

Thanks again to Robb for this added and important information about the bill.

[Harry Monroe]

11. One toke over the line, sweet Jesus....

This needs to be inserted somewhere in this new law.

ONE TOKE OVER THE LINE
Brewer & Shipley


One toke over the line sweet Jesus
One toke over the line
Sittin' downtown in a railway station
One toke over the line

Awaitin' for the train that goes home, sweet Mary
Hopin' that the train is on time
Sittin' downtown in a railway station
One toke over the line

Whoooo do you love, I hope it's me
I've bin a changin', as you can plainly see
I felt the joy and I learned about the pain
that my momma said
If I should choose to make a part of me,
surely strike me dead
Now I'm one toke over the line sweet Jesus
One toke over the line
Sittin' downtown in a railway station
One toke over the line
I'm waitin' for the train that goes home sweet Mary
Hopin' that the train is on time
Sittin' downtown in a railway station
One toke over the line

I bin away a country mile,
Now I'm returnin' showin' off a smile
I met all the girls and loved myself a few
Ended by surprise like everything else I've been through
It opened up my eyes and now I'm
One toke over the line sweet Jesus
One toke over the line
Sittin' downtown in a railway station
Don't you just know I waitin'
for the train that goes home sweet Mary
Hopin' that the train is on time
Sittin' downtown in a railway station
One toke over the line

Don't you just know I waitin'
for the train that goes home sweet Mary
Hopin' that the train is on time
Sittin' downtown in a railway station
One toke over the line

I want to be
One toke over the line sweet Jesus
One toke over the line
Sittin' downtown in a railway station
One toke over the line
Don't you just know I waitin'
for the train that goes home sweet Mary
Hopin' that the train is on time
Sittin' downtown in a railway station
One toke over the line
Sittin' downtown in a railway station
One toke over line
One toke, one toke over the line

[xtraxritical]

14. Don't bogart man.

[bitchkitty]

15. WRONG way to go.

It does not take into account tolerance to the drug, which develops quickly in chronic users. They should use impairment tests instead - much more reliable, IMHO.

[Taverner]

16. Seriously - why not just do the reaction test?

Walk a straight line, toes to heel

Count backwards...

That should be enough

[otohara]

17. Easy Fix, Just Drive Carefully - Like

most smokers do anyway.

[CanSocDem]

19. Hear hear...!! (eom)