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