There Will Be Blood Tests

State Senate passes “Too High to Drive Bill”—patients and other cannabis users, beware

Earlier last month, the State Senate voted 23-12 in favor of passing Colorado House Bill 1325, the so-called “Too High to Drive Bill.” Imposing a limit of 5 nanograms of THC per milliliter of blood, the bill is intended to regulate impaired driving. The controversial number, while higher than the 2-nanogram limit mandated by Nevada and Ohio, remains a dubious gauge of a driver’s level of intoxication. Opponents argue that the limit is unfairly punitive for routine cannabis users such as MMJ patients and congregants of Reverend Brandon Baker’s Green Faith Ministry Native American Church (who claim that the bill’s failure to offer them a religious exemption constitutes a violation of their First Amendment rights) who will likely test above the limit even on days when the haven’t consumed any cannabis.

According to the National Highway Traffic Safety Association, “It is inadvisable to try and predict [impairing] effects based on blood THC concentrations alone.” Despite controversy among voters and expert testimonials questioning the efficacy of blood testing in determining a person’s fitness to drive, HB 1325 will likely be ratified. Governor John Hickenlooper signed the bill into law, along with six other bills intended to regulate A64 on May 28.

Lawmakers on both sides of the aisle compromised on the contentious legislation, which has been debated for almost three years. Some lawmakers have complained that the bill was rushed through on the Legislature’s last day. Warren Edson, a Denver criminal defense attorney who specializes in cannabis laws has been vocally critical of the bill, arguing on record that HB1325 is “based on poor-to-no science and is going to end up with innocent people being punished and incarcerated.”

Another one of HB 1325’s glaring omissions is a regulatory framework for enforcing its edicts. While lawmakers settled on an entirely arbitrary 5-nanogram THC limit, the Denver Police Department will maintain its current enforcement procedures for pulling over and questioning ostensibly impaired drivers.

While actions on House Bills 1317 and 1318 offered encouraging progress, edging Coloradans closer to a workable system of taxation and regulation for Amendment 64, the Too High to Drive Bill is a regrettable acquiescence to Drug War alarmists in the state who are desperately trying to undermine the will of their constituents. State Sen. David Balmer, a Republican representing Centennial’s District 27 has been hysterical in his opposition to Amendment 64, exclaiming rather melodramatically, “We need to mark this day on the calendar as a day we were implementing something that is profoundly and foundationally wrong,” while co-sponsoring an Amendment 64 repeal effort that included 23 other mostly Republican state senators. These senators crafted a bill, SCR13-003, that manipulated a statute included in the Colorado Tax Payers Bill of Rights (also known as TABOR) which requires a vote to increase any state taxes. This bill came perilously close to opening the door for voters to repeal key components of Amendment 64 if a special sales tax of 15 percent could not be reached. This special sales tax would be an addition to the 15 percent excise tax outlined in  the amendment. The bill was defeated after a strong showing from A64 proponents such as Mason Tvert and Betty Aldworth, and SCR13-003 eventually caved to a threat of a House filibuster.

While Coloradans are eager to see the will of their vote borne out by their elected officials, those same officials are mired in the thrall of Drug War propaganda and special-interest lobbying outfits. Hopefully, our patience will be rewarded with a workable model for cannabis legalization. Until then, however, be careful behind the wheel.

A New Day

In addition to the “Too High to Drive” bill, Gov. John Hickenlooper signed the first laws to establish a legal cannabis market and create rules and regulations for the cultivation, distribution and processing of industrial hemp. “Recreational marijuana really is new territory,” Hickenlooper said, according to The Huffington Post.