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Pat Steadman

Proposed Marijuana DUI Law in Colorado Fails

dui checkpoint

One of the major hurdles in the marijuana reform movement is how to enforce driving laws.  With alcohol, there is a clear system that most people understand with tests that are not likely to turn up false positives.  Testing drivers for recent marijuana use, however, has proved to be much more difficult.

Recently marijuana.net ran a story about a proposed law in Colorado that would set a limit as to how much THC could legally be permitted in a drivers system.  Initially the bill to regulate marijuana DUI was passed by Colorado lawmakers by one vote, 18-17, two weeks ago.  However, politics is often unpredictable and one of the bills major proponents, Nancy Spence was unable to make it to Tuesday’s vote.  She was out of state attending a grandchild’s birthday party.  Ms. Spence was urged to return quickly by her constituents but she expected the vote to take place a day later.  Everyone voted identically as they did two weeks prior, except for Nancy Spence’s absent vote which killed the legislation and resulted in a 17-17 tie.

Critics and opponents have long been seeking a system to test if marijuana patients are suitable to take the wheel.  Nationally, it would probably result in even more support (though over 70% of Americans already support medical marijuana) and maybe even by the government if safety measures were taken to ensure driver safety.  However, the proposed law in Colorado seemed to be set entirely too low.  It would appear that patients would face penalties who were not under the influence of marijuana.  The 5 nanogram limit, as stated by Colorado lawmaker Pat Steadman may not work because “Some of these people wake up in the morning and roll out of bed at 5 nanograms.”  In response to the vote yesterday, he mentioned that he thought the bill would do nothing to make the roads safer.

While the future of the industry may be very much intertwined with a standard system for analyzing marijuana DUI, we are pleased to see that vulnerable and innocent patients will not be arrested even when they are not impaired to operate a motor vehicle.  This law will likely come up again as it has failed 3x already.  Hopefully a more commonsense approach is utilized for what appears to be an inevitable law.

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Colorado Lawmakers Appear set to Enact Marijuana DUI Law

colorado general assembly

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.

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Colorado Legislation to permit Banking for Shops Fails but Momentum for Reform Accumulates in Alabama

colorado general assembly

While there absolutely are developments which should lift the spirits of patients, regrettably you will find still obstacles when it comes to a really compassionate health care system.  Besides organizations which are only worried about a fast profit at the expense of patient care, advocates experienced a legitimate defeat .

Of course, it’s most likely a much better idea to begin with unhealthy news.  Because the Washington Publish reported, an invoice that will have allowed medicinal marijuana shops to get access to accounts unsuccessful to outlive the legislative process in Colorado.  The balance might have setup organizations much like lending institutions, that shops would in a position to utilize.  Presently, no banks are prepared to conduct business with marijuana collectives because they don’t want to stay in breach of federal law.  Obviously, everyone knows that keeping piles of money and marijuana available offers a lot of possibility of criminal activity.  Furthermore, backers from the law believe that dispensary use of banking provides an essential paper trail to make sure a legally run operation.  Political figures don’t appear to become lined facing a smart method of marijuana finance.  However, such as the banks, they seem to be scared of federal penalties.  Democratic Sen. Pat Steadman stated “I’m unsure this can be a problem the condition can solve.”

Obviously now we are able to start more beneficial news.  Medical and legalisation efforts happen to be released from coast to coast and could increase the already 16 states (and D.C.) that enable some type of legalized marijuana.  Alabama might be searching to become listed on the growing list.  Repetition. Patricia Todd, D-Birmingham is supporting an invoice that will see Alabama enact its very own medicinal marijuana program.  Repetition. Todd is mainly trying to provide relief for individuals struggling with Aids/Helps, but regrettably observed her similar proposal fail formerly.  However, another politician is joining her cause.  Repetition. K.L. Brown, (R-The city of jacksonville) has additionally introduced legislation that will allow patients to own as much as 8 oz . of marijuana.  This news is exciting to advocates as this signifies bi-partisan support and may possibly bring people of both Republican and Democratic parties towards the table.  Alabama joins other states within the south and 17 overall which are thinking about legislation that will legalize medicinal marijuana.

We are keeping an eye on these developments.  Weight loss states make an effort to seriously alter marijuana laws and regulations, deficiencies in an economic structure for shops might not be tolerated.  Possibly someone will propose an innovative approach which will satisfy advocates and political figures.  Meanwhile, we are able to still hang our hat on the truth that medicinal marijuana is clearly not disappearing, the concept has become thriving in places we weren’t aware of.

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Financial Possibilities may open for Colorado Shops

bank

Although rely upon the economic climate might be in a historic low, many experts wouldn’t recommend keeping cash under our beds.  Even while rates of interest on accounts is nearly nonexistent, companies depend heavily on controlling their cash and financial records with the major banks.  For individuals running marijuana shops, they’ve been avoided from using the most fundamental of economic tools, a banking account.  It has led to difficult documentation and shops have to house more money available than is protected, opening the opportunity of robbery.

In September of this past year, Colorado Springs Condition Bank closed their accounts with marijuana shops.  At that time these were the final bank to freely work with medicinal marijuana shops.  Democrat Sen. Pat Steadman and Republican Repetition. Tom Massey are trying to find to alter this.  They’ve introduced Senate Bill 75 which may create financial cooperatives that might be controlled just like a bank.  Obviously these lending institutions wouldn’t be insured government, since many banks are.

Insufficient proper banking and forcing a business to depend only on cash appears to provide ripe possibility of a growing underground community.  If there’s a conflict between federal and condition law however the shops remain open, why would a regulating body think that the reply is to prevent monitoring the paper trail?  If there’s any suspicion of illegal activity, accounts and assets could be frozen immediately.  Sue Harank, co-who owns Denver’s All downhill Herbal Wellness agreed and mentioned “It’s in everybody’s interest these individuals don’t have piles of money laying around.”  Another advocate in Colorado, Robert Friechtel, director from the Medicinal Marijuana Business Exchange was cited as saying “Forcing shops to visit cash-only is crazy. Just how can proprietors securely and effectively run their companies with no spot to deposit money?”

This isn’t the very first example that highlights how Colorado is paving the way in which for any well run and controlled medicinal marijuana program.  Being attentive to the issues in California, Colorado has produced a uniform system using their condition licenses.  California continues to be forced to go to its condition Top Court to be able to clarify how Proposition 215 is used as numerous cities are unclear regarding how you can enforce medicinal marijuana laws and regulations.  Colorado appears set on safeguarding its patients and without correctly run shops just how can safe access be guaranteed?  Senate Bill 75 is really dependent on good sense.  Many patients depend around the shops and then any business proprietor can’t be likely to function correctly by hiding money in a basement or acting like gangsters.

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