Thursday, June 28, 2012

Legal Limits for Driving Stoned Struck Down in Colorado State Senate


Bill Fails to Pass Senate for Second Consecutive Year



The lack of a single “Yes” vote in the Colorado legislature prevented a bill from overcoming a 17-17 tie, which would have established blood limit for drivers in the state. The absence of Senator Nancy Spence is thought to have been the deciding factor in the bills failure. The current law regarding convictions of drugged driving is based on officer examination.

The bill, which had been approved by the house, would have limited drivers to 5 nanograms of THC per millimeter of blood. Proponents of the bill asserted the fact that Colorado has seen arrest rates inflate for drivers who are under the influence of drugs, in addition to presenting data from the National Highway Safety Administration which show that drivers involved in fatal accidents are more likely to test positive for marijuana. Spence, who was at one time an opponent of similar prior bills, supported the proposal but was

Those opposing the bill argued that the blood limit for marijuana is not a uniform method to examine a driver’s level of intoxication. In addition, the opponents presented findings on Colorado drugged driving which indicate that over 90% of criminal cases involving driving while under the influence of drugs end in conviction.


The bill appeared to be heading for passage (much like its predecessors), with Gov. John Hickenlooper stating his support for the bill, but Spence's trip to San Diego to visit her son prevented the signing. Spence indicated that her trip was planned well before the special legislative session, and she appeared to express genuine remorse for her absence.


"I assumed it wouldn't be brought up until tomorrow morning," Spence lamented. "I'm just so, so sorry and so disappointed" She added. "I feel terrible for Steve King, who worked so hard to get that bill passed." King was the sponsor of the bill.

Driving while impaired by alcohol or drugs is illegal in all 50 states, though some states have considerably harsher penalties. Some states, including Arizona, Rhode Island, and Michigan have enacted a zero tolerance policy for driving with any illegal substance.

Law enforcement advocates and proponents of the bill have firmly voiced their steadfast dedication to the passage of driving limits for marijuana.

“Folks don’t know what they’re taking. It’s like a doctor offering a bowl of drugs and saying ‘reach in, take what you think you need and go ahead and drive.’ We’ve got to get a handle on this” said Tom Raynes of the Colorado District Attorneys Council. Raynes also noted that medical marijuana is not dosed equivalently, has a high potential risk for abuse.


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