The Give and Take

Colorado has much to celebrate this April 20, or “420.” While it remains illegal under federal law, under our state constitution Coloradoans can not only cultivate up to six cannabis plants and up to two (2) ounces for medical purposes (if properly registered with our state health department); we can now also cultivate up to six plants and up to one (1) ounce for recreational use. Ahh, life is good in Colorado.

What we are not hearing about though during this glorious time is the Legislature is planning a punitive measure for us if a law enforcement officer thinks one of us is driving while our ability is impaired by cannabis. Under the law, if you drive on a public roadway you have agreed ahead of time that if asked by a law enforcement officer to take a test of your blood because the officer suspects drug impairment, you will take the test. If you do not do so and “refuse” to take the blood test, then you will lose your license for a minimum of one (1) year.

What is being proposed now, though, under the new “Driving Under the Influence of Drugs” law (which considers five nanograms of cannabis in your system a sign of impairment) is that if you are asked to take the blood test and then refuse, your blood will be forcibly taken from you. If you do not submit willingly, they can and will hold you down and take your blood. This is currently the law in some other states and your Legislature is proposing this for you. So, you are driving and are stopped for whatever reason. The law enforcement officer smells cannabis and reports some other indicia of impairment like “red and glassy eyes.” The officer arrests you and asks you for a blood sample. You don’t want to give one. Too bad. You can and will be forced to provide a blood sample and you will have no choice in the matter. It can and will be drawn forcibly from you. Afraid of needles? Too bad. Later it is determined that you were innocent? So what.

The government knew that without obtaining a blood draw they may not have enough evidence to prove impairment (five nanograms) beyond the standard “smell” evidence. With the forced blood draw they can at least insure that they will have some evidence from your blood results to show a jury. What the media has been silent on is the extreme and invasive measures the government can go to, taking personal cells from your body to make sure they have evidence in their prosecution.

Ann Toney, P.C. is a Denver-based law firm that focuses on medical cannabis business law and cannabis defense; and defending people charged with driving under the influence of alcohol and drugs (DUI/DUID). Ann Toney can be contacted via phone or web at (303) 399-5556 and www.anntoneylaw.com.