Pubdate: Wed, 30 Jul 2003
Source: Journal Argus (CN ON)
Copyright: 2003 Journal Argus
Contact:  http://www.stmarys.com/
Details: http://www.mapinc.org/media/2197
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

CASE THROWN OUT FOR POT-SMOKING DRIVER

An Ontario judge threw out a case involving a pot-smoking driver, setting a
precedent that has a lot of people scratching their heads.

Apparently the driver has legal permission to smoke marijuana for medical
reasons. He was smoking while driving, and got stopped for a traffic
offence. The judge decided it could not be proved the marijuana caused the
offence.

In essence, the judge handed the man a "get out of jail free" card. He, and
others who have medical permission to consume the drug, can now do it while
driving.

Granted, the drug provides relief for some health conditions. Few would
argue against a cancer sufferer using the drug to combat pain and nausea
from chemotherapy. Why this particular user was not satisfied to quietly
smoke up in his living room but saw fit to take the show on the road, so to
speak, no one knows.

What we do know is most people who smoke marijuana do not do so for medical
reasons. They take it to get high, the same reason people consume alcohol.

Like alcohol, the drug interferes with the normal functioning of the human
brain, causing a sensation a lot of people consider pleasurable. Like
alcohol, marijuana does not do much for one's ability to concentrate,
perform tasks requiring fine motor skills, or respond quickly and
effectively to emergencies.

Alcohol and marijuana act differently on the brain. Where a drunk might
follow too closely and speed, someone high on marijuana has no attention
span to speak of, and has trouble steering.

The connection between alcohol and traffic collisions has been known and
acknowledged for many years. Impaired drivers cause more than their fair
share of deaths and injuries on the road.

Marijuana, too, causes impairment. That is why people consume it.

Most drivers could not care less if the guy in the next lane is on an
industrial strength beer buzz, or is higher than a kite on weed, all we want
is to get the idiot off the road. He is an accident looking for a place to
happen.

The bottom line is driving is a complex task requiring good reflexes,
alertness, and the ability to assess risk and plan ahead. Operating a tonne
of machinery hurtling down a road at a hundred-plus kilometres per hour,
with hazards everywhere in the constantly changing landscape, is not for the
faint of heart, or the muddled of mind.

Marijuana may have a place in the medical world despite the lack of quality
control and the inability to establish standard dosage. Our government has
made the compassionate decision to exempt some people from being charged if
they use marijuana for medical reasons. Few of us have a problem with that.

We have a major problem with someone smoking up while driving.

This case in question is not someone using marijuana for medical reasons -
in his car - but someone seeing how far he can stretch the law before it
snaps back at him.

Before Canada goes further along the path toward decriminalizing marijuana,
some ground rules need to be established.

Until it can be determined exactly how much marijuana can be consumed for
pain relief without impairing one's ability to drive, and until the amount a
driver has consumed can be measured easily and accurately with some sort of
roadside device, there has to be a zero-tolerance policy. No smoking up and
driving.

Perhaps, as is recommended by Canada Safety Council, the answer is a 12-hour
administrative licence suspension for anyone suspected of consuming
marijuana behind the wheel.

The easier answer is the obvious one - people have to use common sense and
leave all intoxicating substances alone if they plan to drive.
Unfortunately, common sense is not all that common.
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MAP posted-by: Josh