Pubdate: Mon, 29 Dec 2014 Source: Albuquerque Journal (NM) Copyright: 2014 Albuquerque Journal Contact: http://www.abqjournal.com/ Details: http://www.mapinc.org/media/10 Author: D'val Westphal Note: D'val Westphal Of the Journal Assistant editorial page editor D'Val Westphal tackles commuter issues for the Metro area on Mondays. EXAMINING LEGALITY OF POT USE, DRIVING WHAT'S ONE TOKE OVER THE LINE HERE? Eric Jackson points out, "We all know it's illegal to drive while intoxicated, and that it's illegal to have open containers of alcohol in a vehicle - but what about using marijuana? "Let's say a person has a medical marijuana card," he emails. "Is there an 'open container' law for pot? I ask because I observed a man toking on a marijuana pipe while stopped at a stoplight in Rio Rancho. Is it illegal to partake of marijuana while driving, even if one has not reached a level of intoxication that would cause impairment?" It's illegal to get high while driving. To drive while high is a tougher question, one the New Mexico Legislature has yet to answer. Rep. Bill Rehm, R-Albuquerque, a retired Bernalillo County sheriff's captain, has tried for years to get a "drugged driving" law on the books. So let's turn to him for the specifics. Rehm answers the easy question first, explaining, "New Mexico does not have an open container 'toking' law. If an officer observes a person toking, they arrest them for possession of marijuana and possession of drug paraphernalia." THE DIFFERENCE BETWEEN LIQUOR AND DOPE: Rehm says, "Not everyone who drinks alcohol intends to become intoxicated. They have a drink with dinner. Smoking marijuana has one purpose; to get high." A little background: "We should understand U.S. past drug policies," Rehm says. "In the late 1800s to early 1900s there was unregulated recreational drug businesses for all drugs. Customers entered the business and got high. In the early 1900s the United States strengthened its poison laws and labeled marijuana a poison. By 1937 marijuana was illegal with a tax of $200 per ounce. This tax remains today." But the potency has increased. "Today's marijuana is over 25 times more potent than the marijuana of the '60s and '70s," Rehm says. "The more times you smoke marijuana, the less smoke is needed to become high. Unlike alcohol, smoking marijuana lowers your tolerance to marijuana." Now put them together and get behind the wheel. "Drinking alcohol mixed with controlled substances causes a very dangerous mixture," Rehm says. "Since the late 1990s this trend dramatically increased nationwide. In New Mexico, police officers can request a breath or blood test from the (suspected) DWI driver. If the (alcohol level in the) blood test is not 0.08 percent or more, then the blood is tested for drugs. Of these tests, over 90 percent are positive for alcohol and a controlled substance. Many of those tests are for multiple controlled substances. Marijuana is the predominate drug found." So are drugged drivers prosecuted like DWIs? The short answer is no. "New Mexico law does not exempt a medical marijuana driver from our DWI law," Rehm explains. "When we examine our New Mexico DWI law, we see the Legislature set two different standards for court proof. The alcohol standard is 'unlawful for a person who is under the influence of intoxicating liquor to drive.' Drugged driving is a higher standard to be proved - 'under the influence of any drug to a degree that renders the person incapable of safely driving a vehicle.' " In Rehm's mind "there should not be two different standards." "We have tested persons to determine what level of alcohol impairs their driving. For drugs, this has not been done, even for prescription drugs. The lack of scientific data is one defense a defense attorney uses in a DWI court hearing." As a member of the new House majority, Rehm says it's important to look at new studies that show "brain damage as a result of smoking marijuana" as well as consider "who will fund the marijuana cessation programs" similar to those for tobacco smokers? "New Mexico's DWI problem does not need to be increased by allowing recreational marijuana," he says. "Colorado has seen an increase(d) number of DWI arrests (that) involve a driver who had just smoked marijuana. We must continue to watch Colorado and now Washington and Oregon." And in the meantime, lawmakers should finally address drugged driving. - --- MAP posted-by: Jay Bergstrom