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Proposed Marijuana DUI Bill Fails Again In Colorado


Colorado CapitalBy Steve Elliott of Toke of the Town

A marijuana DUI bill early Tuesday afternoon failed again to clear the Colorado Senate, once again being voted down.

The DUI bill has been a rollercoaster for the past two years, reports Michael Roberts at Denver Westword, perhaps due at least partially to the fact that there’s no solid science supporting the proposed limit of five nanograms per milliliter (5 ng/ml) as being at all correlated with actual driving impairment.

Failure of the bill once again in the Colorado Legislature (for the third time) may have reverberations all the way to the U.S. West Coast, since an identical DUI limit — 5 ng/ml — currently threatens to derail a semi-legalization initiative, I-502, in Washington state.

The DUI bill, HBS-1005, reportedly lost on a 217-7 stand-up vote in the Senate, according to Denver activist Timothy Tipton.

After the Senate voted down the bill on the informal stand-up vote, an effort to revive it failed on a 17-17 split because one key supporter was absent, according to Nunn, Colorado-based activist Rev. B. Baker.

The tie couldn’t be broken, despite several attempts to do so, reports Michael Roberts at Westword.

The missing vote was that of Sen. Nancy Spence (R-Centennial), who supported the DUI bill but was on vacation. Spence also the deciding vote on a nearly identical bill in the Legislature’s regular session.

The marijuana DUI bill now won’t be coming back until at least the next legislative session in 2013.

Currently in Colorado and most other states, drugged-driving convictions depend on officer observations; actual impairment, rather than an artificial cut-off point like 5 ng/ml, is the determining factor.

Article From Toke of the Town and republished with special permission.


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  1. “Currently in Colorado and most other states, drugged-driving convictions mdepend on officer observations; actual impairment, rather than an artificial cut-off point like 5 ng/ml, is the determining factor.”

    As Alison Holcomb wrote to Steve Elliot previously,  “under current Washington DUI law, a driver cannot be required to submit to a blood test unless and until (1) the investigating officer has probable cause for an arrest, (2) objective evidence of impaired driving exists, AND (3) the officer has solid reason to believe the impairment is caused by a drug and not alcohol. I-502 does not change any of this.”

  2.   I wonder how many years is the Judge in DC going to take to make a ruling on the case that was tried on March 26th 2012.

    I also wonder when the feds are going to attempt to link tomatoes to
    causing cancer and make them a schedule one plant and there for ban us
    from growing it.



  3. When are they gonna QUIT this shit? If they’d use Scientific based facts to arrive at an acceptable level, people MAY just support the bill. But to arrive at an ARBITRARY NUMBER just because it SOUNDS GOOD obviously isn’t based on any SCIENTIFIC evidence. People ready to retire are looking toward Colorado. If they end up doing STUPID shit just to harass Med marijuana patients. We’ll stay here in AZ I wish one of these SOB’S would have to spend a WEEK in my shoes… They’d NEVER TRY TO PASS SHIT LIKE THIS! EVER!!!

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