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Thursday, January 6,2011

Levy defends marijuana DUI bill

By Jefferson Dodge



Rep. Claire Levy, D-Boulder, says she has received loads of e-mail about her proposed bill to create a statutory limit for driving under the influence of marijuana.


Similar to the 0.8 percent blood-alcohol content used to charge drunk drivers, the limit would be based on cannabis content, and those found to have more than 5 nanograms of THC per milliliter of whole blood could be charged with a DUI.

Levy says the feedback she has received on the bill has been pretty evenly split, but she wants her detractors to know she supports the decriminalization of marijuana. She feels society should be more tolerant of the drug, and she even acknowledges using marijuana in the past. The intent of the bill, she says, is to keep roads safe and to clear up what is now a gray area in law enforcement, as more and more people use pot under the state’s medical marijuana laws and drive under its influence.

Currently, she says, a driver can be charged with a drug-related DUI — whether it’s pot or Percocet — based on factors like behavior, a roadside sobriety test and traces of drugs found in a blood sample. But there is no state law on what trace of THC is too high, leaving it up to the discretion of law enforcement.

Levy says she wants to make it clear what that limit is, and she is convinced that 5 nanograms is not a threshold that is too low. She has heard concerns from regular marijuana users who claim their high tolerance may make them easy targets under the proposed law. But she says marijuana doesn’t stay in your system for days; after ingested, it spikes, but 90 percent of it is gone from the bloodstream within about three hours, according to Levy.

She says the bill would require law enforcement to draw blood within two hours if they suspect that someone is driving under the influence of marijuana.

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This was the most pressing issue the sentencing/justice commission could come up with this year?  Sounds like misuse of valuable taxpayer-funded time.  Did they have a junket too?



There will be gurney injuries while holding people down to draw blood. The cop department and/or the hospital staff>whoever secures the arrestee will have loads of suits. 



"Currently, she says, a driver can be charged with a drug-related DUI — whether it’s pot or Percocet — based on factors like behavior, a roadside sobriety test and traces of drugs found in a blood sample."


How common is it to be tested for pharmacuticals?  My guess would be it's almost non-existent uness an accident occurs and I bet that's rare even then. Medicinal Marijuana can be Smelled, probaby the only reason a cop woud 'need' to force blood tests.

Not opposing legal limits, just noting the disconnect from the real world truth of the situation as stated in article.



Misinformed Tim Tipton... Read Ramaeker's 2010 report, the most respected toxicologist on the subject in the U.S.  She conducted road tests and her study is peer-reviewed.  Further, it's a recent study, not a 2004 study.  If you're going to make a point, at least get the latest info.

The test proposed for marijuana per se DUID is a blood test. It has the ability to detect delta-9 THC, the brain impairing component of marijuana. Delta-9 THC spikes and then drops below the recommended 5ng/mL level within 4 hours of intaking marijuana. The blood test will detect impairment within a 4-hour time period, and the driver will be tested within 2-hours of being pulled over. The blood test does not focus on the COOH THC, the metabolite which reflects the breakdown process of marijuana in the body and can also be used to detect historical use. It can, however, be used to correlate time of impairment along with the delta-9 THC. If you are a regular user of marijuana, those drivers will fall below 1 ng/mL in roughly 4 hours. If you eat marijuana, it may take 8-12 hours to be safe to drive. Bottom line is that if you're not driving stoned, you have nothing to worry about.




And just WHERE is the evidence/studies backing up the fact that MJ IMPAIRS you so you cannot function??? You realize that there IS a study that indicates MJ users are BETTER drivers than those NOT using??? Claire Levy has LONG been unable to walk and chew gum at the same time and thinks everyone else is just as impaired as she is. She even states that there are CURRENT laws that prohibit the actions she wants MORE laws about....Is anyone else sick and tired of stupid law after stupid law getting passed just because they can???