The Insanity of DUI with Marijuana

After passing through a narrow margin of votes in Colorado in 2013, recreational marijuana use was legalized after January first in 2014. Washington State also passed the same legislation by voting that year which was not as surprising but equally as infuriating for anyone who is concerned about the when and where of use and by whom. With stiff federal regulations still in effect one has to wonder how it could have passed. Nevertheless, it’s there and the general public will have to deal with it even though regulations are still in strict reinforcement along with taxation.

     Those regulations on who can sell, tax revenues and amounts that are dispensed are hardly assuaging to a public more concerned about what our safety will be on the roads, working around and with heavy machinery to say nothing of health- mental or physical. If you are not concerned about what someone else does to themselves or to others under the influence of marijuana then maybe I should introduce you to what it actually does to people who insist on smoking weed and driving. That’s hair-raising enough isn’t it? Considering the rise in fatalities on U.S. roadways and highways everyone should consider introducing a bill that makes it illegal for all purposes throughout the States.

     Ahem! Marijuana’s known effects include altered consciousness, perceptual distortions, drowsiness, impaired memory and impaired coordination. Those hallucinogenic effects would obviously seriously affect and impair your ability to drive correctly- and way off the charts!

     By Colorado law, drivers are assumed to be impaired if their blood test shows a level of THC- the active hallucinogenic constituent in marijuana- of 5 or more nanograms per milliliter. There is a great deal of debate on how much marijuana a person needs to inhale or ingest before he or she is impaired. There are many variables, including THC’s level of concentration as well as individual biological reactive and susceptible differences in the user which impact the drug’s effects. It will be different from one person to the next in the usual way- i.e. height, weight, age, allergies, etc. Research has been limited and development of impairment testing equipment is in infancy. As a result, at the present time there is no roadside device that law enforcement can use to measure marijuana impairment. However, one thing is certain. Driving under the influence of marijuana, much more than driving under the influence of alcohol, can be dangerous- to put it mildly.

     In the mean time, here is a run down on the regulations which remain in effect and should be duly noted. Here are five of which I know about and are important to keep in mind for everyone:

     1. Selling marijuana without a license remains illegal. Purchasing marijuana from someone who does not have license to sell it is also illegal.

     2. Selling or giving marijuana to someone under 21 is illegal and a serious crime with stiffer penalties than before it was passed.

     3. Marijuana cannot be smoked or consumed ‘openly and publicly’- on public streets, parks or buildings. Its use is limited to your home or privately owned and occupied buildings.

     4. Marijuana purchased in Colorado cannot legally be taken out-of-state to sell or for any other reason. 

     5. Operating a motor vehicle while impaired is illegal and prosecutable.

     The next time someone asks you to sign a petition to pass marijuana use in your state, keep all of what I’ve told you in mind. Do the responsible thing for all of us. Just say, “No.” 

Stay Safe,