Marijuana: THC driving bill back from the dead, but will it get vote on Senate floor?

driving while stoned 205x205.jpg
In addition to a provision calling for marijuana magazines to be treated like porn at general retail outlets, HB 13-1317, the main bill concerning the implementation of Amendment 64, features about twenty pages devoted to establishing a THC driving standard that was seemingly killed by a Senate committee last month.

This section may soon be excised, but the original measure's been reintroduced. What are its odds?

First, some context. As we've reported, a bill to establish an intoxication standard of five nanograms of THC per milliliter of blood -- a limit based on what critics see as dubious or nonexistent evidence -- was voted down by the Senate Judiciary Committee. (The Senate rejected similar bills in 2011 and 2012.) But the concept still has a lot of support in the House and among law enforcement groups, who wrote in a letter to Governor John Hickenlooper and other officials that passing legislation without the THC standard would be irresponsible.

Thumbnail image for edson.jpg
Warren Edson.
Hence, the hefty amendment to HB 1317, which marijuana attorney Warren Edson described last week as "just the same, regurgitated stuff from the original bill," but made "bigger and broader by absorbing the standard DUI language. All they did was cut and paste the DUI statutes we've already got on the books into the bill."

That wasn't enough for supporters of a standard for driving under the influence of drugs, or DUID. HB 13-1325 -- the original measure nixed by the judiciary committee -- has been reintroduced. See the latest version.below, along with the House-approved edition of 13-1317.

Why push essentially the same measure in two different pieces of legislation? Reached this morning, Edson says he's hearing that Democrats will move to strip out the DUID segment from the main bill in order to consider the reintroduced proposal separately. The reason? The THC driving standard is getting so much attention, and is so divisive, that it has the potential of derailing the main legislative package that needs to pass in order to prevent full-scale rule-making chaos.

In order to accomplish this purpose, will Senate leaders have to make a deal to let the THC driving bill be heard by the full chamber despite it previously being sent packing by the judiciary committee? It's unclear from a procedural standpoint how that might happen, but there's no doubt the pressure to find a way is enormous. But because of the attention being paid to DUID, Edson is afraid some problematic portions of 13-1317 may get lost in the shuffle and wind up in the final bill -- including the aforementioned magazine provision and what he sees as wrongheaded restrictions on the potency of THC edibles.

Still, he understands why DUID has taken center stage yet again. "A lot of the other stuff involves business practices and business rules that are disagreed with," he points out. "But should the DUID rule pass, innocent people will go to jail."

Here's the separate DUID bill, plus the main piece of legislation as passed by the House, which includes a large amount of material on the same subject.

HB 13-1325: Reintroduced Driving Under the Influence of Drugs Bill

House Bill 13-1317: Revised April 29, 2013

More from our Politics archive: "Marijuana retailers may not have to grow their own -- and that's great, attorney says."


Sponsor Content

My Voice Nation Help
33 comments
geronimo
geronimo

If the law makers want safer roads then they should work on tightening the laws around driving under the influence of alcohol.  Adopting rules similar to the FAA rules for pilots would be a good start.

Federal Aviation Regulation (CFR) 91.17

The use of alcohol and drugs by pilots is regulated by CFR 91.17. Among other provisions, this regulation states that no person may operate or attempt to operate an aircraft:

  • within 8 hours of having consumed alcohol
  • while under the influence of alcohol
  • with a blood alcohol content of 0.04% or greater
  • while using any drug that adversely affects safety

Corey Donahue
Corey Donahue

Hb 13-1325 is a violation of our human rights to privicy. If Rep. Waller and Rep. Feilds what to violate our human rights then let´s make sure the public knows it and where to contact these members of our coumminty. All public information regarding every canidate who votes for this human rights violation can be forund here http://tracer.sos.colorado.gov/PublicSite/SearchPages/CandidateSearch.aspx?CSRT=15369917328098979735 Name: WALLER, DONALD MARK Candidate ID: 20095610713 Mailing Address: 6535 CAMPFIRE CT COLORADO SPRINGS, CO 80922 2012 Phone: 719-570-1785 Name: FIELDS, RHONDA Candidate ID: 20105018513 Mailing Address: 1196 SABLE BLVD AURORA, CO 80011 Phone: 303-866-3911 Fax: 303-348-4257

CoreyDonahue
CoreyDonahue

Hb 13-1325 is a violation of our human rights to privicy. If Rep. Waller and Rep. Feilds what to violate our human rights then let´s make sure the public knows it and where to contact these members of our coumminty.  All public information regarding every canidate who votes for this human rights violation can be forund here http://tracer.sos.colorado.gov/PublicSite/SearchPages/CandidateSearch.aspx?CSRT=15369917328098979735

Name: WALLER, DONALD MARK Candidate ID: 20095610713 Mailing Address: 6535 CAMPFIRE CT COLORADO SPRINGS, CO 80922 2012 Phone: 719-570-1785

Name: FIELDS, RHONDA Candidate ID: 20105018513 Mailing Address: 1196 SABLE BLVD AURORA, CO 80011 Phone: 303-866-3911 Fax: 303-348-4257

Randy E. Skunk
Randy E. Skunk

Awweee nothing like being treated like a 3rd class citizen in the land of the free! And special laws just for us! Even though we vote to be equal yaaaaaa!

Bret Egan
Bret Egan

The odds are 100% because politicians base a lot of policy on junk science. Re: global warming

Stephan Reuchlein
Stephan Reuchlein

They should suspend A64 until a quality test is created to determine mj intoxication.

Nick McCollum
Nick McCollum

Then stop flooding our billboards and other magazines with alcohol and tobacco ads. I dont have my grandparents around any more because of tobacco.

Case
Case

Whatever laws we see passed by midnight on Wednesday all depend on who can PAY OFF the General Assembly with more money between now and then. Will it be the pro-enFORCEment and pro-OLIGOPOLY crowd (MMIG/CBA/Sensible/SAFER/DPA/MPP), or will it be the new mystery "big-spender" Matt Taylor, who is dumping money into an anti-Vertical-Integration campaign, and wants a more "open system" so that new people can more easily get into marijuana businesses.

In this DP article the MMIG feels like they "were subverted at the 13th hour by a new, anonymous and well-financed player." LOL!
http://www.denverpost.com/news/marijuana/ci_23058748/somewhat-mysterious-player-shakes-up-marijuana-influence-game

Juan_Leg
Juan_Leg

'NO USE OF ANY KIND WHILE OPERATING A MOVING VEHICLE !'

Case closed . Move the hell on already !!!

DonkeyHotay
DonkeyHotay topcommenter

Amendment 64:

1 (III) DRIVING UNDER THE INFLUENCE OF MARIJUANA SHALL REMAIN ILLEGAL;

6 (b) NOTHING IN THIS SECTION IS INTENDED TO ALLOW DRIVING UNDER THE INFLUENCE OF MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA OR TO SUPERSEDE STATUTORY LAWS RELATED TO DRIVING UNDER THE INFLUENCE OF MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA, NOR SHALL THIS SECTION PREVENT THE STATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING UNDER THE INFLUENCE OF OR WHILE IMPAIRED BY MARIJUANA.


"Words are important" 
     -- convicted criminal Rob Corry, supposedly helped write A64.

"The process was very intensive, every word was debated" 
    -- lyin' Brian Vicente, one of A64's primary authors. 


Incompetent Marijuana McShysters too stupid and stoned to choose the proper language? ... or did they do it on purpose to ensure a huge continuous financial windfall for the McLawyers needed to defend tens of thousands of hapless marijuana users who will get busted for DUI-m ??


Juan_Leg
Juan_Leg

Even if I weren't nearly blind, I'd NEVER be legal to operate a motorized method of transportation for the rest of my existence ..... 

DonkeyHotay
DonkeyHotay topcommenter

@geronimo  ... how dare the FAA infringe upon the "rights" of Airline Pilots to have a personally acceptable level of alcohol, marijuana or other drug intoxication when they fly!


DonkeyHotay
DonkeyHotay topcommenter

@Bret Egan = insane teabagger

stuka1
stuka1

@Stephan Reuchlein 

Like they suspended alcohol prohibition until they came up with the .08 BAC driving limit.


Oh, wait....


Fucking moron. 


NOTE: See how the Jackass likes blatant prohibitionist assertions. Showing its true colors..

DonkeyHotay
DonkeyHotay topcommenter

@Case ... stoned greedy MMIG pigs have clocks with 13 hours ... 

*** Boycott ALL anti-patient/caregiver MMIG Pigs! ***


Case
Case

It's so funny that the sames ones that pushed for all these regulations now feel "subverted" that another group has come along with money to push an anti-regulation agenda. Throughout history, most industry groups have lobbied AGAINST more regulations. Everyone knows that regulations are bad for business. A true marijuana industry group would be AGAINST THC/DUI laws because they ATTACK their market base. No legitimate "industry group" can be in favor of laws that attack their consumers.

It's also funny that the DP reports that probably less than $200,000 has gone so far into lobbying the General Assembly on A64 marijuana issues, on both sides. The A64 campaign spent close to $3 million to amend the constitution. Sounds like it's much cheaper to pay-off the General Assembly. Take note at how easily legislative votes can be bought in Colorado.

Laws here are made by the Golden Rule: He who has the gold makes the rules

stuka1
stuka1

@DonkeyHotay 

What that language means, idiot, is that there is no need to alter or add to existing law.

hth fucking moron.

Monkey
Monkey

@DonkeyHotay @Juan_Leg  A big green bus, that allows customers to use weed while traveling. I'd pay $1 for that.

JimTom
JimTom

NOR SHALL THIS SECTION PREVENT THE STATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING UNDER THE INFLUENCE OF OR WHILE IMPAIRED BY MARIJUANA.

I wonder what color the sky is in Sucka1land?

stuka1
stuka1

@DonkeyHotay

<=== has a problem sorting between its distortions and reality.   

stuka1
stuka1

@JimTom 

You think that's a refutation, moron? It's not a mandate to add new laws, idiot child. Did you think the prohibitionist nanny-staters would roll over and give up without a fight?

DonkeyHotay
DonkeyHotay topcommenter

@JimTom ... Sucka1 claims that A64 renders Colorado Criminal Statutes regarding marijuana moot, turning all violations into CIVIL offenses ... because his sex offender idol Rob Corry told him so.

ROTFLMAO!


Now Trending

Denver Concert Tickets

From the Vault

 

Loading...