Medical Marijuana Changes Debated
Some Colorado lawmakers want driving restrictions on medical marijuana similar to the DUI law for drivers who are under the influence of alcohol.
A proposed bill that has been approved by the House and now awaits Senate consideration is nicknamed the “stoned driving” bill. It would establish a minimum blood level of THC, the active ingredient in marijuana, for someone to be charged with DUI.
House members want the minimum level of THC to be 5 nanograms. That level would be the highest in the nation, ahead of a 2-nanogram limit in Nevada and Ohio. Twelve states have zero tolerance for marijuana DUI. A proposal for 8 nanograms in Colorado was rejected.
Critics of the bill said medical marijuana patients react differently to marijuana and have different degrees of tolerance to the drug. Owners of medical marijuana dispensaries said they advise certain patients to avoid driving while using the drug and warn other patients to be aware of any risks associated with driving.
Aaron Bluse of Altitude Organic Medicine in Colorado Springs said the bill would unfairly penalize medical marijuana patients because there is no research to prove that a minimum nanogram level would apply to all users.
“Maybe you rub your eye and it’s red,” Bluse said. “Maybe you have allergies that day. Maybe you have a high tolerance. If you get pulled over for any sort of smell or indication and you exceed the level, you’re going to be prosecuted and go to jail. That could ruin someone’s life, family or job.”
The El Paso County Sheriff’s Office said marijuana DUI suspects are asked to submit to a urine test at a hospital or are visually evaluated by one of only a few specially trained experts.
Colorado Springs police said it’s too early to predict if the bill might change how officers enforce DUI laws.
“We haven’t looked at that yet,” said Tim Burke, a city spokesman.
In a related matter, the Colorado Department of Revenue announced new regulations for dispensaries will take effect July 1. The department plans to begin an education program April 1 to help dispensary owners comply with the regulations.
The primary change involves upgrading video surveillance to allow state inspectors to monitor transactions and freeze the video to produce a still photo if necessary. That change worries dispensary owners who have already paid thousands of dollars for cameras.
Burke said the regulations will benefit local governments because the state will clarify existing regulations and delay applications for new dispensaries until July 1, 2012.
“We need time to understand it and implement it,” said Burke. “To some extent, we’ll probably need to add some people. But since this brings some revenue for us, it’ll balance itself.”
Burke said he envisions dispensaries being locally regulated much as liquor licenses and establishments are now.
The Department of Revenue said as of August there were 818 dispensary applications, 321 infused product manufacturers of edibles containing the drug and 1,237 cultivation centers growing marijuana plants. Those numbers were determined after a deadline for facilities to register with the state and may have changed by now as some facilities closed or failed to open.
