This bill seeks to ban patients from driving privileges by setting a limit on THC in the blood that most patients will always exceed. Any driver with an amount of THC over 5 nanograms/milliliter in their blood will be
considered impaired and guilty of DUI per se and subject to loss of their driver's license. This will greatly impact patients, because many of them will test over that limit and not be impaired, due to their chronic use.
This bill passed the House by a vote of 51-14 last week. It has now been assigned to the Senate Judiciary Committee (hearing date TBA).
CALL AND EMAIL YOUR SENATORS NOW!
TIME IS RUNNING OUT!!!
Keep your phone calls and emails coming. Now it's time to educate the Senate about the impact this bill will have on patients.
1) Be respectful.
2) Back up your facts with research.
3) Be honest about how this may affect you as a patient.
- HB1261 is unfair to medical marijuana patients and will force patients
back on prescription medications that do not have nanogram levels and are
not routinely tested for by the police.
- HB1261 will require a "forced blood draw", forcing anyone suspected of
driving under the influence of THC to submit to a blood draw forced by the
state. Currently, alcohol levels can be tested through urine, breath or
blood. But under the THC/DUI bill, the nanogram count can only come from a
forced blood draw.
- The sponsor of HB1261, Rep. Claire Levy (D-Boulder) admits that she
cannot point to one single accident caused solely by marijuana and that the
research on setting a nanogram limit as evidence of impairment is "all over
- Contrary to other reports, the "per se" part of the bill has *not* been
removed. This means that a person charged with THC/DUI can still introduce
evidence that their blood level was below the "per se" number, but cannot
introduce evidence that, in spite of the number, they were not impaired.
- Ask your Representative to remove the "per se" standard from the bill and
allow patients to present behavioral evidence that they were not impaired.
- Ask your Representative to include an exemption for medical marijuana
- Rep. Levy says the 5ng/mL limit is based on an "intuitive feeling" and
not actual research:
EMAIL THE JUD. CMTE. and
Bcc: THE REST OF THE SENATE
Colorado Senate Judiciary Committee
The Rest of the Colorado Senate (excluding Judiciary Committee)
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