Pubdate: Tue, 15 Jan 2002
Source: San Francisco Chronicle (CA)
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Author: Ray Delgado

IDAHO LAW HITS LEGAL POTHOLE

In S.F. Advocates Say Ruling Good For States' Rights

Bay Area pot advocates hailed a San Francisco appellate court ruling that 
allows Idaho residents to legally drive under the influence of marijuana as 
long as they are not driving erratically and can pass a field sobriety test.

The U.S. Court of Appeals for the Ninth Circuit in San Francisco ruled 
yesterday that an Idaho man's impaired driving conviction could not stand 
because while Idaho law makes it illegal to drive under the influence of 
alcohol and narcotics, it doesn't classify marijuana as a narcotic.

The ruling overturned the conviction of 21-year-old Matthew Patzer, who was 
pulled over by police in September 1998 because of a broken tailgate light 
but wasn't driving erratically and passed a field sobriety test. The ruling 
also overturned an illegal weapons conviction against Patzer, who had a 
cache of homemade grenades and weapons in his truck when he was pulled over.

Although the ruling involves a technicality in Idaho law and has no effect 
on California drivers, marijuana advocates hailed the decision because it 
recognized a state's drug laws over stronger federal laws that do classify 
marijuana as an illegal substance.

"It's a good ruling for state's rights elements," said Jeff Jones, the 
executive director of the Oakland Cannabis Club. "I'd like to see the 
ability for states to implement local laws over the existing federal laws."

Dale Gieringer, the coordinator of California's chapter of NORML, the 
National Organization for the Reform of Marijuana Laws, also supported the 
ruling because of the impairment standard that it held up.

"It makes a lot of sense to show that somebody must be impaired and studies 
have shown that marijuana users aren't as dangerous on the roads as those 
who drink," Gieringer said.

Gieringer said that law enforcement officers throughout the country should 
rely solely on field sobriety tests to determine someone's impairment in 
cases involving all drugs and alcohol and not automatically arrest somebody 
because they admitted to using marijuana.

"When somebody's really stoned, they have a hard time balancing on one 
foot, " Gieringer said. "It depends on the person, it depends on the pot. 
You can't measure it in joints. That's why the field sobriety test is what 
should be used to determine it."

According to Gieringer, a National Highway Transportation Administration 
study conducted in the Netherlands showed that drivers who smoked marijuana 
drove more cautiously than those who consumed equal amounts of alcohol, who 
tended to speed up and overcompensate for their diminished capacity.

"There is obviously a level of impairment but it's not as high as alcohol," 
said Gieringer.

NORML's Web site also cites a study conducted in Australia that showed 
drivers who had smoked marijuana were marginally less likely to have an 
accident than those who were drug-free. The research, done by a 
pharmacology team from the University of Adelaide and an Australian 
transportation organization, said the difference was not great enough to be 
statistically significant but could be explained by anecdotal evidence that 
marijuana smokers were more cautious and drove more slowly because of 
altered time perception.

It is unclear what action will be taken in Idaho as a result of the San 
Francisco ruling.

Idaho Senate Judiciary Chairman Denton Darrington said he had assumed 
marijuana was a narcotic under state law, and that the statute might need 
to be reviewed. But he questioned whether yesterday's decision would hold 
up on appeal.

Patzer's attorney, Fredilyn Sison of the office of the Federal Defenders of 
Eastern Washington and Idaho, applauded the decision.
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