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FILE - In this Oct. 10, 2012 file photo, marijuana is weighed and packaged for sale at the Northwest Patient Resource Center medical marijuana dispensary in Seattle. Pot, at least certain amounts of it, will soon be legal under state law in Washington and Colorado. (AP Photo/Ted S. Warren, File) FILE - In this Oct. 10, 2012 file photo, marijuana is weighed and packaged for sale at the Northwest Patient Resource Center medical marijuana dispensary in Seattle. Pot, at least certain amounts of it, will soon be legal under state law in Washington and Colorado. (AP Photo/Ted S. Warren, File)  

Colorado driving-while-stoned bill goes up in smoke once again

Greg Campbell
Contributor

UPDATE: The bill might be dead, but the issue may be revived as an amendment to other pot bills (see below)

Colorado’s third attempt to define when someone is too stoned to drive through the adoption of a blood-THC limit went the way of its predecessors Monday when it was killed in the state Senate’s judiciary committee, much to the surprise of those who have tirelessly campaigned against it and expected it to pass.

“To be honest, I was hopeful, but never confident, that it would be killed in committee,” said Teri Robnett, a medical marijuana patient who was among those leading the effort against the bill. “And the moment the vote came down, I was stunned.”

The measure would have triggered a charge of driving under the influence of drugs for people with 5 or more nanograms of THC (marijuana’s psychoactive ingredient) per milliliter of blood.

Unlike previous versions of the bill, the 5-nanogram limit could not be used as proof that someone was too high to drive, but only allowed prosecutors to infer that they were impaired. The distinction meant that defendants had a chance to argue in court that the pot in their system did not affect their ability to drive.

The new version was slightly more palatable to some who had opposed the bills in the past. THC persists in the bloodstream far longer than users feel its intoxicating effects.

Medical marijuana patients who use cannabis products frequently for pain and other ailments were among the bill’s core opponents, arguing that a perfectly sober cannabis user could have several times the limit in their bloodstream at any time.

“First, let me say that no one wants people driving impaired by any substance,” said Robnett, who answered questions from The Daily Caller News Foundation via email. “(But) when it comes to determining an appropriate and realistic blood level of THC to determine impairment, the science is all over the map. The 5 nanogram limit might be appropriate for occasional novice smokers, but does not address those who use cannabis every day and will have high residual THC in their blood with no impairment.”

They also argued that the bill was unnecessary. Colorado already outlaws impaired driving, whether it’s due to pot, beer or prescription medication.

Yet ever since Colorado’s medical marijuana industry took firm root in 2010, lawmakers have felt the need for a numerical way of measuring pot smokers’ level of intoxication, assuming that as marijuana use becomes less taboo, more people would be doing it.