Michigan's New 'Impaired Driving Safety Commission' Introduced In H.B. 5024

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A bill sponsored by Rep. Peter Lucido looks to expand government by creating another Commission, this time one which would establish a THC nanogram limit for drivers on Michigan's roadways.

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Rep. Lucido's bill will be heard in Committee on Tuesday, Feb. 9 at noon in the House Judiciary Committee. The bill's purpose, per the language of HB 5024, is:

The commission shall research and recommend a scientifically supported threshold of THC bodily content to provide evidence for per se impaired driving in this state. The commission shall exist until it submits the final report to the governor, senate majority leader, and speaker of the house of representatives required under section 4.

The bill was introduced in late October of 2015. Rep. Lucido has no co-sponsors for this legislation.

The Commission would be composed of 16 appointees selected by the Governor, including the director of the Michigan State Police; one physician; one forensic toxicologist; one registered medical marijuana patient; one professor from 3 different public research 26 universities; and others to be named later.

Not just any patient can serve on the Commission, either. Your reputation must be sterling sharp to qualify- and the standard bars anyone who has ever been ARRESTED for drugs in any location, anywhere in the entire United States of America. Per the bill: "An individual not possessing good moral character, or who has been charged with a felony or misdemeanor criminal charge involving a controlled substance, theft, dishonesty, or fraud under the laws of this state, another state, the United States, or a local ordinance substantially corresponding to the laws of this state, is not eligible to serve on the commission."

The subjective nature of a determination of a person's "good moral character" is certainly not well-placed in the office of current Governor, Rick Snyder, who is embattled with questions surrounding his moral character in reference to the Flint water crisis.

Even before the Commission is called, the task set before them defies scientific method. Instead of calling for a panel to determine if a per se limit is necessary in Michigan, the goals of the Commission are to "review and analyze research and state laws, in this state and other states, relating to THC bodily content thresholds that provide evidence for per se impaired driving." (emphasis added)

They are directed to "Fund a research program at a public research university to determine the appropriate threshold of THC bodily content to provide evidence for per se impaired driving... Collect and analyze information regarding marihuana- induced impaired driving and THC bodily content impairment thresholds." (emphasis added)

The Commission must file their final report no later than July 1, 2017, whether the scientists have completed their research program or not.

Read the full text of HB 5024 HERE.

Two other bills relevant to the issue will be heard by the House Committee. They were both sent from the Senate; one creates a pilot program for roadside impairment testing and the other amends the definitions and procedures associated with impaired driving and law enforcement.

The text of the Judiciary Committee meeting notice is included below.

Standing Committee Meeting

Judiciary, Rep. Klint Kesto, Chair

DATE: Tuesday, February 9, 2016

TIME: 12:00 PM

PLACE: Room 521, House Office Building, Lansing, MI

AGENDA:
HB 5024 (Rep. Lucido)   Crimes; intoxication or impairment; impaired driving safety commission; create.

SB 207  (Sen. Jones)    Crimes; intoxication or impairment; operating a motor vehicle under the influence of alcohol or a controlled substance, or both; amend certain definitions and procedures.

SB 434  (Sen. Casperson)        Law enforcement; investigations; pilot program to use preliminary drug testing at roadside stop; create.

SB 629  (Sen. Jones)    Children; parental rights; termination of parental rights to a child; expand to include forcible rape where child results.

OR ANY BUSINESS PROPERLY BEFORE THIS COMMITTEE

To view text of legislation go to:
www.legislature.mi.gov/mileg.aspx?page=CommitteeBillRecord

Committee Clerk: Melissa Weipert
Phone: 517-373-5176
e-Mail: mweipert@house.mi.gov

Source: The Compassion Chronicles

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