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THC driving bill, take three: Read draft language of proposed 2013 legislation

steve king cropped.jpg
Senator Steve King.
For the third year in a row, state lawmakers will be pushing for an official marijuana DUI limit, to curb what they say is an epidemic of stoned drivers that will only get worse with the passage of Amendment 64. Senator Steve King, a Western Slope Republican, is again sponsoring the legislation, which is currently in the interim Transportation Legislation Review committee. In many ways, the current proposal is the same as bills that have been introduced -- and voted down -- twice before.

The intoxication standard would be set at 5 nanograms or more of THC for every milliliter of blood, and involuntary blood draws would be allowed. Anyone found over that limit while driving or within two hours of driving would face a misdemeanor charge.

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What is different this time is that the measure addresses the entire state DUI code instead of merely amending it with a marijuana portion. Among the major changes in the currently available 22-page draft is making blood alcohol and blood THC levels a "permissible inference" defense.

Basically, that means a judge and/or jury is permitted to conclude that a person was driving under the influence based solely on blood or breathalyzer results -- but it also means a judge/jury is allowed to not make that assumption. For example, if the blood results showed someone was at 6 nanograms of THC but other evidence indicated he was not impaired, the jury could find in favor of the defendant.

The proposal also removes language that would prohibit any driver considered a "habitual user of any controlled substance" from driving any time -- language that could have been interpreted to make anybody who uses now state-legal marijuana at any point in time an illegal driver, regardless of his or her blood-THC limits.

Continue for more on the latest THC driving bill proposal.



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83 comments
audreyhatfield
audreyhatfield

I thought Steve was going away? He should, he's a Moron...

Tom Benway
Tom Benway

Can I vote for people on their smart phones?

Dave Adams
Dave Adams

I think stoned drivers are better at driving then most sober drivers!

Daisy Rothschild
Daisy Rothschild

Neither. Cell phone/texting drivers! you can always tell, they weave to the edges and are looking into their lap

Dom Fumare
Dom Fumare

Drunk drivers by far. Stoned people drive a little slower yes, but they're also a fuck of a lot more observant and obey traffic laws better than the sober folks. This is a no contest debate.

Kyle Stych
Kyle Stych

I think history has a clear track record on this one.

Matt Leising
Matt Leising

Definitely drunk drivers. I'm still waiting on results that driving under the influence of marijuana is dangerous. All I have heard is assumptions that it is but I'd like to see more hard evidence. Also, Colorado drivers aren't the problem, we all drive pretty well. It's all you Texans, Californians, etc... that need some work out there Michael.

Naomi Wolinsky
Naomi Wolinsky

Illegal marijuana has been available for ever and still no high profile crash

Vanessa Whatley
Vanessa Whatley

Joel that idiot was drunk!!! What are you even talking about!!!???

Naomi Wolinsky
Naomi Wolinsky

we will wait Joel. medical marijuana has been availablre here for quite some time, and there has not been a high profile crash.

Vanessa Whatley
Vanessa Whatley

Well let me think...... Ummm drunk drivers, duhhhh!!!

Joel Bader
Joel Bader

Wait until a high-profile crash happens involving a stoned driver (such as what happened to the drunk Dallas Cowboy who killed his teammate not long ago). Then the demands for tough penalties will really begin!

Eric Gonzalez
Eric Gonzalez

druk or sober ppl drive like morons. however from experience i can say i feel that much safer with a person who smokes and drives. they are more alert and ca

Adam Johnson
Adam Johnson

Drunk drivers are way worse!! Stoned drivers might have slower reaction times but stoned drivers drive slow as shit and are much more careful driving. Drunk drivers are aggressive and are more apt to drive fast while intoxicated. As for the 5 nanometer limit that is bullshit as well, these limits don't take into account body weight and tolerance for every different person . Sure maybe 5 nano grams per ml of blood might get a 16 year old first time smoker high, but that's probably less then one bowl and won't affect someone who has been smoking for years much at all. I sincerely doubt there will be any significant rise is stoned DUI rates. Stoners want to chill and be outside not drive around in a metal contraption while enjoying gifts from jah!

Erik Trujillo
Erik Trujillo

its very rare that i dont smoke and drive almost a every car ride thing!! i dont speed im more aware of my surroundings and to compare stoned drivers to drunk driver is stupid as fukk!! drunk drivers r speeders not aware of surroundings and have no idea whats going on in most cases!! i can smoke a whole ounce and still know whats going on and know what im doinh!!

Sean Gronbeck
Sean Gronbeck

I fear neither because i am at peace with my soul.

Mane Rok
Mane Rok

...on the daily basis most folks probably deal with someone who is high...you just don't know it.

Stephen At Half Aspen
Stephen At Half Aspen

Both forms of intoxication impair ability. To what extend they do so in regards to operating a vehicle differs little. In the split second that it takes a child to run from between parked cars, I wouldn't care to be drunk or stoned. Folks, it's a drug. It slows reaction time, promotes distraction, and obscures reason, none of which are good when one of those "in the blink of an eye" events occur.

Lawrence Dunn
Lawrence Dunn

I'm more fearful of drunk people doing ANYTHING than I am of stoned people. In too many, if not all instances, drunk = aggressive.

tutonehcc
tutonehcc

I seriously can't even remember the last time I drove without taking a few bong rips of highly potent bud and hash before jumping behind the wheel of my truck.  Marijuana allows me to relax when driving.  I'm not as concerned about getting to my destination in a hurry, I empathize with the other drivers, and I'm a conscious aware driver while under the influence of THC.  My recommendation would be to offer stoned driving classes for those who may be concerned about their driving ability while under the influence of cannabis.  This is the Great State of Pot, and we still have to drive.  Just watch some Cheech and Chong movies, they drive and get high in every one of the old flicks, and if Cheech can do it so can you!  Let's all get high and go for a drive in the mountains shall we?

Benjamin Bradburn
Benjamin Bradburn

Drink drivers. These limits are stupid. They don't take in to account that it's a completely different substance. We need some kind of limits, but trying to squeeze marijuana in to a alcohol box is stupid.

Ryan Lusby
Ryan Lusby

Cell Phones/Texting...for real!!

Becca Mertens
Becca Mertens

No! Drunk drivers run stop signs, stoned drivers wait for them to turn green! Really stoned drivers are not that bad. I know a lot of people that drive high and have for years and have never been in or the cause of accidents. Drunk drivers are far far worse!

Jeremy Beins
Jeremy Beins

texting drivers. but most definitely drunk drivers. stoned drivers are paranoid and cautious in my opinion.

Bobbi Chappell
Bobbi Chappell

Drunk drivers. I wouldn't get in a car with someone drunk, I would with someone stoned though.

Rich Carollo
Rich Carollo

27 deaths a day vs 0. Drunk drivers, there is no debate here.

Matt Hazelton
Matt Hazelton

stoned drivers only wait for stop signs to turn green

Legen Dairy
Legen Dairy

Drunk drivers are the worse. People don't drive when high

Justin Novak
Justin Novak

Drunks are far more dangerous, not to say that stoned drivers aren't capable of extreme stupidity.When you are drunk it can throw your whole sense of balance off, that doesn't really happen when your stoned unless you haven't eaten all day and in that case you're probably on your way to the nearest restaurant.

Sam Harper
Sam Harper

I'm more fearful of drunk. Driving high is easy as hell. And I can stay the speed limit! xD

Megan Haenny
Megan Haenny

I got a dui for driving stoned. I really wasn't doing anything but going slow. Lol. Yeah, don't do either, but drunks are way worse.

dalegross62
dalegross62

@Matt Leising I agree, Matt. Where is the evidence that marijuana impairs driving? Where are all the "accidents" supposedly caused by cannibis users, where cannibis intoxication was found to be the cause of the crash? Conservative Republican jerkoffs like this Steve King manifest a failure to realize that marijuana does not affect the human body like alcohol and barbituates. Folks like Steve King have criminally duped taxpayers out of trillions by perpetuating the marijuana boo game.

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