Pubdate: Wed, 12 Dec 2012 Source: Denver Post (CO) Copyright: 2012 The Denver Post Corp Contact: http://www.denverpost.com/ Details: http://www.mapinc.org/media/122 Page: 22A LEGAL MARIJUANA AND SAFE DRIVING Any compromise to legislation to limit drivers' THC levels must not take the teeth out of the law. With the official ensconcing of marijuana legalization into the state constitution, Colorado has taken a historic step toward normalizing use of this drug. Now it's time for smart pot regulation, which most definitely includes a driving-while-impaired bill that sets a limit on the amount of THC allowable in the bloodstream. We have long supported a 5 nanogram threshold for THC, the active ingredient in cannabis. It's a sensible precaution in a state that has medical marijuana and recreational usage. The latest draft of such a measure includes a provision that would allow those caught driving with higher amounts in their system the opportunity to argue in court that they weren't impaired. This is an intriguing compromise that could be acceptable if it were crafted in such a way that it wouldn't take the teeth out of a driving-while impaired law. By that we mean that a 5 nanogram level should be presented to juries as a "permissive inference." That is to say that juries are to infer that this level is a strong suggestion of impairment. The burden would be on drivers to prove they were not impaired even though they tested above the legal limit. Speaking of testing, one of the elements of the debate that tripped up state lawmakers in years past is confusion over the different types of marijuana testing. For instance, employers generally test for an inactive THC metabolite that is detectable in body fat for weeks after marijuana usage. That's not the kind of test that law enforcement would use. Cops would test for active THC in the bloodstream, a level that drops within hours of usage. The National Highway Traffic Safety Administration says THC concentrations peak during the act of smoking marijuana, but usually drop to less than 5 nanograms within three hours of smoking. The 5 nanogram limit has been embraced by Washington state, which also just legalized marijuana at the state level. In Colorado, the 5 nanogram limit wasn't pulled out of thin air. It was supported by a diverse group within the Colorado Commission of Criminal and Juvenile Justice, which studied the matter. Those who had input included defense lawyers, prosecutors and medical marijuana interests. Unfortunately, the 5 nanogram limit bill failed last year-the third time such an effort was defeated. Marijuana proponents successfully pitched the notion of "relative highness," arguing that some people can drive just fine with a lot of THC in their bloodstream. We don't think it's productive to argue with them, but we will note that a lot of alcoholics would make the same argument about driving with booze in their systems. Furthermore, the mantra from pro marijuana legalization people has been that marijuana ought to be treated like alcohol. Establishing a legal limit would do just that. Given that THC levels dissipate substantially within hours of smoking, we don't think it's an imposition for marijuana users to wait that long before driving. It's one thing for people to make the individual decision to use marijuana, but it's another entirely to get behind the wheel of a car and potentially put the safety of others at risk by driving while impaired. - --- MAP posted-by: Jay Bergstrom