Colorado's HB11-1261 DUID Per Se Law THC

[sgreene420]

Policy debates regarding marijuana law reform invariably raise the question: “How does society address concerns regarding pot use and driving?” The subject is worthy of serious discussion. NORML’s Board of Directors addressed this issue by ratifying a “no driving” clause to the organization’s “Principles of Responsible Cannabis Use”1 stating, “Although cannabis is said by most experts to be safer with motorists than alcohol and many prescription drugs, responsible cannabis consumers never operate motor vehicles in an impaired condition.”

Nevertheless, questions remain regarding the degree to which smoking cannabis impairs actual driving performance. Unlike alcohol, which is known to increase drivers’ risk-taking behavior and is a primary contributor in on-road accidents, marijuana’s impact on psychomotor skills is subtle and its real-world impact in automobile crashes is conflicting.

Read More About HB11-1261
http://www.leg.state.co.us/clics/cl...DB93102872578180067E0CB?open&file=1261_01.pdf

With the Colorado General Assembly looking at this very issue in this session, Dr Robert Melamede answers a few of those questions here in a letter to a few colleges.

Mile High NORML

 

[Rednick]

The biggest danger I see is people driving UNDER the speed limit, in the LEFT lane, with their blinker on!
Seen it tooo many times.

Drive Right, Denver!
Keep Right Except to Pass,
Stay Left to be An Ass.

 

[JeromeGarcia]

Bump -

This bill is having its first public hearing tomorrow, in the House Judiciary committee.

Public comments are likely limited to 2 minutes. Which means like 1 or 2 points....

I was thinking it would be a really good point for a group of 'test' patients to medicate at the capital so that each could then submit to tests, before and 60-90 minutes later.

 

[sky high]

If someone gets a blood test to detect drugs in their system..say for work/etc.... are the results currently shown in "nanograms'...or does it merely read "positive"?

If anyone knows for sure that info would be appreciated. I'm in need of a physical and if there's a way to peg what is in my system through current testing I want to try to find out if my average use puts me in the DUID category @ 5 nanos...

thanks for the head's up, JG.

wot a mess...

s h

 

[Jarofunk]

Seems like this won't hold up. Too much grey area

 

[canaguy27]

So you get pulled over, they run your info, and BAM you pop up as a MMJ Patient with the new database they want to put in. As a patient, I can see them requiring a blood test at that point.

Thoughts?

 

[mendel]

In Colorado it is legal for the cop to draw blood on the spot, if he suspects intoxication, no warrant required. If you fight he'll call more cops, theyll hold you down, and they will take your blood.

 

[sgreene420]

Lol its almost true... In Denver a cop will have to call a AMT but in a rural area of Colorado the cops will be the one doing the pricking... Because like in many other states it is a Privilege to Drive and that is what allows them to have random DUI check points every where.

If you drive and have smoked in the past 48 hours and a cop has reason to think your stoned... im going to say your fucked...

After taking 1 hit there is .25 nanograms of THC in your blood. They want it to be down to .5 before you drive, and hell for a heavy smoker like most of you are your nanograms are always going to be above 15 at least even if you haven't smoked that whole day.

 

[ChickenJoe]

Pulled over by a boulder county the other day, long story short he said " if I gave you a sobriety test you'd probably fail, but I won't" I reiterated the fact I hadn't smoked since the night before and he just kind of smiled like that wouldn't matter. Let me drive off as well.

 

[Bud Spleefman]

In Colorado it is legal for the cop to draw blood on the spot, if he suspects intoxication, no warrant required. If you fight he'll call more cops, theyll hold you down, and they will take your blood.

This has got to be B.S....... I've been told to always refuse any roadside tests, unless I am completely sober, so if they can't force me to take a breathalyzer why would they be able to force you to give blood? Refusing the test is a charge, sure, but it doesn't show as a DUI.... I'm not saying I make a habit of driving intoxicated, just if a person was, they have a right to refuse to be tested.

 

[Funkfingers]

FWIW as a extremely heavy smoker ( mainly oil ect) it took me 4 months of abstaining to drop below 50 nanograms per ml in a court ordered UA.. Don't see how unless this tests for recently smoked thc (past 12hrs) these tests are going to be in anyway a fair representation of how "under the influence" someone may be...

 

[pikes peak 69]

I think Colorado law is if you refuse a roadside test they can and will take to hospital to get blood drawn.
I ait havig a cop draw blood. The oly way is if he is returning fire and hits me before I hit him.
Cops aren't certified medical anything. Don't touch me.

pp69

 

[true grit]

FWIW as a extremely heavy smoker ( mainly oil ect) it took me 4 months of abstaining to drop below 50 nanograms per ml in a court ordered UA.. Don't see how unless this tests for recently smoked thc (past 12hrs) these tests are going to be in anyway a fair representation of how "under the influence" someone may be...

Very true. And being someone who actually uses my meds how i told my doctor i would (concentrates- hash, oil, edibles)...i know what you are saying. Concentration levels with those build up quickly.

I actually know someone (patient with MS who only consumed edibles/oil/tinctures) who got off of a charge/DUI in a different state because of extremely high thc levels when blood tested. The lawyer argued the numbers were not realistic and therefor test was faulty. And it actually worked.

 

[mendel]

This has got to be B.S....... I've been told to always refuse any roadside tests, unless I am completely sober, so if they can't force me to take a breathalyzer why would they be able to force you to give blood? Refusing the test is a charge, sure, but it doesn't show as a DUI.... I'm not saying I make a habit of driving intoxicated, just if a person was, they have a right to refuse to be tested.

read this..............



'I smell pot' ............ probable cause

 

[DoobyScoo]

Bookmark it!



Colorado Law requires notification of DUI Checkpoints and Patrols. Who knows, maybe you are on your way to the ER and don't have time to get stopped at a checkpoint for a half hour.
Jeffco Sheriff used to have it on their website, but this has since changed.
They also have implemented mobile checkpoints that operate for only an hour or two at each location so they don't have to post locale.

Now they are only posting these things hours or days before enforcement begins.

 

[IVIars]

... In Denver a cop will have to call a AMT but in a rural area of Colorado the cops will be the one doing the pricking....

I dont think thats true. Cant speak for all rural areas, but in the SE area theyll take you to a hospital.

 

[JeromeGarcia]

My bad - the bill is being heard on thursday, not today.

House Judiciary Committee Hearing on HB 1261
DATE: Thurs., March 10, 2011
LOCATION: Hearing Room 0107, basement, state Capitol Building, 200 E.
Colfax, Denver, CO (Note, this room only seats about 40 people so arrive
early. There are 3 other bills on the agenda before the DUI bill.)
TIME: 1:30pm
Capitol Bill Room (for last minute changes): (303) 866-3055 (thx OP)

I'll be searching records today to see if any of the House members, or their family, currently has a pending DUI. Its quite likely one of them do, and I think that qualifies as a conflict of interest.... :)-

 

[sky high]

The po-po would have their hands full if they tried to stick me roadside! I'm one of those guys who just doesn't (mentally) tolerate the whole "needle" thing...especially if yer trying to take something OUT. I was 40+ before anyone successfully got blood out of my arm. Every other attempt over the years (5-6, maybe?) ended with me passing out/convulsing....often freaking out the nurse who (usually) blew off my warnings about past experiences. I once awoke to a nurse LAYING on top of me on the guerney...eyes WIDE...saying "you were trying to get up and I didn't know what I was gonna do if you did"

gonna listen NOW? snicker.....

wot a mess....

s h

 

[Indicated]

This has got to be B.S....... I've been told to always refuse any roadside tests, unless I am completely sober, so if they can't force me to take a breathalyzer why would they be able to force you to give blood? Refusing the test is a charge, sure, but it doesn't show as a DUI.... I'm not saying I make a habit of driving intoxicated, just if a person was, they have a right to refuse to be tested.

Particualy because your talking about blood for christs sake..Thats an offense to a number of different religons,,not to mention that rual cop,,Yeah I can just see em wrestling some poor fool down and takeing blood. No cop with half a brain would risk getting infected by god knows what....

 

[Killerapplesauc]

Ya I don't feel comfortable with a police officer drawing my blood. It was my understanding you have to have medical training to draw blood anything else seems like a violation of my rights and the law IMO.

We need to write are own bill which would outlaw tobacco products while driving LMAO
Nicotine drug tests for all state employees, no tax payers paid health care if you use. I mean it is a controlled substance you have to be 18 and older right.

My second bill would require all state representative be drug tested before they vote on any bill :)

Does the bill say anything about what they can do with your blood after taking it, I'm too tired to read it right know? National DNA database here we come?