Colorado Lawmakers Appear set to Enact Marijuana DUI Law
As the discussion of medical and legalized cannabis continues, our focus is often on why the federal government has stubbornly not made any changes to marijuana law. Surely, if they could just move marijuana from a schedule I to a schedule II substance, then the debate would be over. While many of us wish that were the situation, it may not be quite that simple. Many legal analysts feel that authorities are unsure of how to enforce “smoking and driving” limits.
So far there has not been any uniform way to determine if drivers are fit to drive after marijuana use. One key point is that because of tolerance and other issues, cannabis does not impact everyone in the same manor. Colorado lawmakers have passed a bill that will set parameters for how much THC a driver can have in their system. This bill would set the legal limit at 5 nanograms of THC in order to legally be able to operate a moving vehicle. The vote was close and only passed by a slim 18-17 margin. The bill will now face the state senate but is expected to pass there as well by a wider margin. Those who passed the bill are not necessarily advocates of marijuana. The deciding vote was cast by state Republican Sen. Nancy Spence who said “I’m just sick of the abuse that the state of Colorado has taken from the medical marijuana industry.” However, we must question if the tides have turned when staunch opponents have accepted that medical marijuana is here to stay and would rather regulate the industry instead of eradicating it.
One major problem, as it always has been when conceiving of the “one size fits all” marijuana test, is that marijuana is fat soluble and will remain in the blood long after the effects of THC are felt. As Colorado state Democrat Pat Steadman put it, “Some of these people wake up in the morning and roll out of bed at 5 nanograms.” If any common sense goes into these laws (our hopes should not get too high for that considering the decades long war on drugs and information suppression on marijuana) then officers will use a series of tests to determine a drivers competency. In DWI stops an officer typically analyzes the condition of a driver by other methods such as walking a straight line and hand/eye coordination tests before making them submit to a breathalyzer.
This law may not be ideal but the issue of “drugged driving” will always stand in the way of marijuana reform unless it is properly dealt with. Marijuana DUI laws will hopefully evolve and perhaps even more reliable tests will be utilized in determining and individuals capacity to operate a motor vehicle. In fact they will likely HAVE to evolve, because as the law stands (5 nanograms is considered a very low amount) anyone who uses marijuana may be prevented from driving legally. Perhaps insurance and automaker lobbyists will be on the marijuana activist’s side. In any case, we have accepted that politicians are not equipped with the foresight to legislate in the modern world so, for now the hope may have to be a law that can be tailored in the future. Additionally, there are studies that show that legal medical marijuana states have experienced a decrease in fatal car accidents, likely due to less alcohol related incidents. Of course other studies show marijuana increasing the risk for fatal car crashes even if overall accidents are down. Because of this, a continuing conversation on marijuana and the dangers associated with driving needs to unfold. However, without this first important step, marijuana reform will likely remain in the legal stalemate it currently suffers from.
As with many social issues that are on the political fringe, change occurs behind smoke and mirrors. The White House has made it a point to urge states to enact drugged driving programs. Additionally, President Barack Obama said he could only enforce the laws on the books and placed some blame on Congress in his recent Rolling Stone interview. While none of this guarantees legalized federal marijuana laws, he may be setting the groundwork for a massive system addressing one of the biggest concerns of those in opposition to marijuana reform.
Report: Frequent marijuana smoking up 80 percent among teens – CBS News Drug Fans: More Teens Smoke Weed Than Cigarettes; The War On Drugs Has Failed – Village Voice (blog)