Earlier this week, I posted information on a story concerning new legislation proposed to crack down on drivers who are under the influence of marijuana. In that post, I shared details from an AP story which noted that the legislation could come at a price tag of $100,000.
In the meantime, I heard from Rep. Doc Moore (R-Missoula) who is sponsoring the legislation. Rep. Moore said that the AP reporting was inaccurate. He said, “The fiscal note changed to zero when urine and saliva was removed from HB 168.”
If you’re interested in reading more information about this legislation, I’ve included Rep. Moore’s talking points below. Plus, read the dramatic written testimony from Missoula Sheriff Carl Ibsen.
Here’s an excerpt from Sheriff Ibsen’s testimony:
Research indicates that approximately half of the alcohol impaired drivers who kill someone in a wreck are also under the influence of marijuana (THC), creating an even deadlier combination.
Such was the case with the young man who killed my wife, Judy Wang, in a horrific crash on I-90 near Warm Springs on 25 September 2009. Many of you knew and respected Judy for her tireless efforts on behalf of victims of crime, especially Domestic Violence and DUI. She stood before you to testify on numerous bills and to speak for victims of crime for many years. It was ironic that she, and all of Montana, became victim of one of those impaired drivers on that day.
HB 168 Talking Points – Establish per se Limit for THC in DUI cases, provided by Rep. Moore (R-Missoula)
– Law enforcement is able to detect through experience and specialized training that someone is under the influence of marijuana. In circumstances involving DUI, they do this after someone has first shown impairment or bad driving (speeding, swerving, causing an accident, etc….)
– Blood is very reliable in detecting and quantifying active THC in the blood. Saliva and Urine testing were taken out of the bill because they are less reliable.
– Active THC (Delta-9) is present in the blood after very recent marijuana use. Metabolites of THC, which are inactive, are not a part of this bill.
– Washington state has established a 5 ng limit in their recreational use law for marijuana. Many other states have a zero tolerance law for THC in the blood, whether or not it is active THC. Some other states have a 2 ng/mL limit.
– The 5 ng limit proposed in this law is one of the least stringent in the country, but supported by scientific articles.
– The 5 ng limit is already a part of the Montana code in the Medical Marijuana section (50-46-320 (7)(a), MCA). This 5 ng limit only seems to apply to legitimate cardholders, however, and not illegal users of marijuana. If this is true, the Legislature needs to pass HB 168 to make these laws apply to everyone, not just cardholders.
– The number of cases where marijuana is detected in drivers (and is one of the major causes of the accident) is growing, and the Legislature should establish a reasonable standard for THC levels so marijuana users understand that use of the drug should not immediately precede driving a motor vehicle .
COPY OF WRITTEN TESTIMONY by Missoula County Sheriff Carl Ibsen
15 January 2013
Re: House Bill No. 168
Honorable House Judiciary Committee Chairman Kerns
Honorable Members of House Judiciary Committee
It was my desire to be with you to testify on this important bill today, but other demands make that impossible.
In Montana, and nationally, we find that a large number of impaired drivers are under the influence of alcohol, marijuana (THC) or a combination of both. Additionally involved can be prescription drugs.
Research indicates that approximately half of the alcohol impaired drivers who kill someone in a wreck are also under the influence of marijuana (THC), creating an even deadlier combination.
Such was the case with the young man who killed my wife, Judy Wang, in a horrific crash on I-90 near Warm Springs on 25 September 2009. Many of you knew and respected Judy for her tireless efforts on behalf of victims of crime, especially Domestic Violence and DUI. She stood before you to testify on numerous bills and to speak for victims of crime for many years. It was ironic that she, and all of Montana, became victim of one of those impaired drivers on that day.
In the case of the young man who killed Judy, although his blood test showed a significant level of THC, Montana did not and does not have a specific level set for what amount of THC in the blood constitutes being impaired for the purposes of driving. For alcohol impairment there are specific levels set and that is how it should be with THC.
HB 168 will provide one more tool for Montana and the law enforcement officers of Montana to use in our battle against impaired drivers and the carnage they wreak on society.
Please support and vote for HB 168.
Respectfully,