Pubdate: Fri, 02 Aug 2013
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2013 The Arizona Republic
Website: http://www.azcentral.com/arizonarepublic/
Details: http://www.mapinc.org/media/24
Author: E. J. Montini
Page: B1

IT'S TIME FOR LEGALIZING FAIRNESS (AND MARIJUANA)

A group called the Safer Arizona Committee is working to put an
initiative to legalize marijuana on the 2014 ballot. Even if you don't
like the idea, you should support it, if not to legalize marijuana
then to legalize fairness.

There is a provision in the initiative that would prevent people who
are not high on marijuana from being convicted of DUI. This actually
happens in our fair state. A lot.

And no one in Arizona government is inclined to change
it.

State law says if any "metabolite" of marijuana is found in a driver's
blood, he is guilty of DUI, an offense that will land him in jail,
punish him with stiff fines and suspend his license for a year.

The problem is that having a metabolite in your blood doesn't
necessarily mean you're impaired. Certain chemicals remain in the
blood long after marijuana use and have nothing to do with impairment.

Earlier this year, I spoke with attorney Michael Alarid, who
represents a client challenging current state law.

"As things stand, a person from Arizona could go on a snow boarding
trip to Colorado or Washington state, where marijuana is legal for
recreational use," Alarid said. "And then a month later, he could be
driving in Arizona, get stopped and be convicted of DUI."

The state Court of Appeals has upheld the law. In its ruling on the
case

the Appeals Court said, "We determined that the legislative ban
extends to all substances, whether capable of causing impairment or
not."

In other words, a person doesn't have to be impaired - at all - to be
guilty of a DUI.

"That's just not right," said Robert Clark, chairman of the Safer
Arizona Committee. "Under our initiative, simply having a metabolite
in the system wouldn't be enough. The person stopped by police would
have to exhibit actual impairment, and it has to be documented with
video recording. "

For the initiative to appear on the November 2014 ballot, proponents
of legalization have to collect 259,213 valid signatures by next July
3.

"It is silly to demonize a plant," Clark told me. "We've been getting
very positive response from the public. I believe awareness on this
issue has increased a lot in recent years. This is about personal
rights and liberties. We spend so much time and money for lowlevel
enforcement, money that could be so much better spent going after the
real bad guys."

A while back, I asked Maricopa County Attorney Bill Montgomery if he
was in favor of altering DUI laws so that actual impairment would have
to be proved and not simply based on the presence of what could be a
harmless metabolite.

He told me, "No. We do not want to create an incentive to game how
long it takes for any given metabolite to leave a driver's system."

Likewise, there has been no effort from members of the Legislature or
from the governor to alter state law.

"This will have to come from the people," Clark said. "And we've
received a lot of support from all over the political spectrum. It's
early, but we are starting to get a good volunteer base. We have
people from all demographics working with us and coming forward to
help. Funding is always an issue with an initiative, but that, too, is
coming along."

Just last week, I heard from a man who had been charged with a DUI
based on having a metabolite of marijuana in his blood.

"I was fine at the scene," he told me. "I told the officers that I'd
smoked a joint last week with some friends but nothing that night. I
don't drive drunk or impaired in any way. I asked the cops to give me
all the sobriety tests they wanted. I still got the DUI."

Those interested in finding out more about the Safer Arizona Committee
can go online to legalizeaz.com.

"No one wants impaired drivers on the road," Clark told me. "But why
prosecute people who aren't impaired? No matter how you feel about
marijuana, you have to believe that's not right. Don't you?"
- ---
MAP posted-by: Matt