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Russ Belville

Russ Belville

Posted: May 13, 2010 02:24 AM

Obama Drug Policy Calls for Drugged Driving Charges for Unimpaired Marijuana Users

What's Your Reaction:

From the Obama Administration's recently released National Drug Control Strategy (hat tip to NORML reader Glen):

Encourage States To Adopt Per Se Drug Impairment Laws [ONDCP]

State laws regarding impaired driving are varied, but most State codes do not contain a separate offense for driving under the influence of drugs (DUID). Therefore, few drivers are identified, prosecuted, or convicted for DUID. Law enforcement personnel usually cite individuals with the easier to prove driving while intoxicated (DWI) alcohol charges. Unclear laws provide vague signals both to drivers and to law enforcement, thereby minimizing the possible preventive benefit of DUID statutes. Fifteen states have passed laws clarifying that the presence of any illegal drug in a driver's body is per se evidence of impaired driving. ONDCP will work to expand the use of this standard to other states and explore other ways to increase the enforcement of existing DUID laws.


Here are the states President Obama would like the others to emulate:

  1. Arizona: Zero tolerance for cannabis metabolites, mandatory 24 hours jail, up to 6 months upon conviction.

  2. Delaware: Zero tolerance for cannabis metabolites.

  3. Georgia: Zero tolerance for cannabis metabolites, mandatory 24 hours jail, up to 12 months upon conviction.

  4. Illinois: Zero tolerance for cannabis metabolites, up to 12 months upon conviction.

  5. Indiana: Zero tolerance for cannabis metabolites, up to 60 days upon conviction.

  6. Michigan: Zero tolerance for cannabis metabolites, up to 93 days upon conviction, vehicle immobilization for up to 180 days.

  7. Nevada: 15 ng/ml for cannabis metabolites.

  8. Ohio: 15 ng/ml for cannabis metabolites, mandatory 72 hours in jail, up to 6 months upon conviction, 6 month to 3 year license suspension.

  9. Pennsylvania: DUID for cannabis metabolites, amount unclear.

  10. South Dakota: Zero tolerance for cannabis metabolites for persons under the age of 21.

  11. Utah: Zero tolerance for cannabis metabolites, mandatory 48 hours jail, up to 6 months upon conviction.


Nine of the fifteen states cited have "zero tolerance for cannabis metabolites".  What this means is that if the inactive (read: non-impairing) THC metabolite (THC-COOH) is detected in the urine of a driver, that driver is impaired in the eyes of the law.  (There are actually 17 states that have per se DUID laws, but Iowa, Minnesota, North Carolina, Rhode Island, Virginia, and Wisconsin exclude metabolites of cannabis.)  Nevada and Ohio have 15 ng/ml levels which are very low; most workplace pre-employment screenings set the initial screening limit at 50 ng/ml.  At the confirmation level of 15 ng/ml, the frequent cannabis user will be positive for perhaps as long as 15 weeks.

Of course, faithful NORML readers and most of the public know that cannabis metabolites can remain detectable in the urine for up to 100 days or longer for a regular cannabis consumer and up to fifteen days for the casual consumer, even after quitting cold turkey.  Metabolites in urine don't tell you a driver is actually impaired, they tell you someone used cannabis, but not when.  Even the US Department of Transportation admits that a positive test for drug metabolites is "solid proof of drug use within the last few days, it cannot be used by itself to prove behavioral impairment during a focal event."

Cannabis metabolites are funny things; they don't eliminate from the body in any predictable fashion. In fact, when you think about it, a metabolite is produced when the body metabolizes, or breaks down, a substance.  The presence of metabolites for THC tells you the body has already broken down the THC!  You could actually call a urine screening for metabolites a non-impairment test!

Now some of these laws do have per se standards for actual THC in the blood and you could argue that is a more realistic determinant of current impairment, but do you think most cash-strapped city, county, and state police are going to use an expensive, invasive blood test when a cheap urine screen is available and more likely to get them a conviction for DUID?

These per se DUID "zero tolerance" laws are nothing but discrimination against cannabis users, plain and simple.  Metabolites for every other drug, legal and illegal, are eliminated from the body much more quickly:


So you could smoke some dust, snort some coke, shoot some smack, and pop some pills at the party Friday night, and possibly be considered an unimpaired driver by Monday (you could even have a couple of drinks before you got pulled over), but if you smoked a joint last month, in eleven states you could be going to jail and losing your license for endangering the public on the roadways.

These "zero tolerance" laws are criminalizing an entire population - cannabis users - for molecules in their bodies that have nothing to do with impairment or driving ability.  Can you imagine the uproar if police harassed drivers based on the melanin content of their skin... whoops, never mind.

 

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06:57 PM on 06/22/2010
yea just what we need more of this bs. do they honestly know how hard it is today anything after any drug charge? it took me forever to find a job, can't join the military, and have a hard time getting help for school. i know i made a mistake, but the fact that i can do so many things that are worse and have no problems with any of them is sad.
04:21 AM on 05/15/2010
It utterly amazes me that the Obama Administration wants to continue Bush-era propaganda and unjust biased lies concerning Cannabis.

The fact of the matter is, legalizing Marijuana is America's top political issue, again! This is according to a Change.org poll conducted for the year 2010.

To read more about this fact and the Change.org poll, simply visit the following link:

http://www.marijuananation.info/legalizing-marijuana-americas-top-political-issue

We must TAKE ACTION and hold Congress' feet to the fire or legalization will take that much longer. I encourage you to contact your elected officials and tell them to quit wasting tax payer money on Cannabis prohibition without reducing the abundant supply of Cannabis on the streets which is mostly being sold to minors. Guess what? Drug dealers don't ask for ID!
08:58 PM on 05/18/2010
What's amazing is that he doesn't just want to continue Bush-era propaganda and policies, he's taking it all a step further! As far as I know, Bush never went this far. This is absolutely draconian. The Arizona law is unbelievable (mandatory 24 hours in jail for ANY amount of THC metabolites)! And this is the type of law that Obama wants all the states to have? Incredible. I've been a registered Democrat for 45 years. I contributed money to Obama's campaign and, of course, voted for him. I will now work to defeat him if he runs in 2012. I now see him as a power hungry politician who wants the government to control every aspect of our lives. Maybe those "nuts" who claim that he wants to take their guns away are onto something. I would rather have my rights stripped away by someone like Sarah Palin than by some smooth talking hypocrite who swindled me out of several donations to his campaign.
04:12 AM on 05/15/2010
Well, Obama has lost my vote in 2012. Enough said.
11:57 PM on 05/13/2010
Marijuana and driving...

http://norml.org/index.cfm?Group_ID=5450
11:51 PM on 05/13/2010
Gee...a few days ago HuffPo was fawning all over Obama's new policy...which is far from new.
09:55 PM on 05/13/2010
Yet another reason to boycott Arizona... But what about the MMJ states? This crap must cease. Cst off the chains, sheeple!
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Don Robinson
06:17 PM on 05/13/2010
The bureaucracies that rule our lives will never give up the war on drugs. They intend to keep pot smokers on the margin of society not matter the cost. It wouldn't suprise me to see Insurance companies require a clean drug test from anyone who wants to insure their car, for instance.
04:26 PM on 05/13/2010
I wanted to share some information I dug up in case this issue ever got to this point:
http://www.youtube.com/watch?v=n3qUwczLnrY&feature=channel - there is a plethora of studies in the information section under the video...

Driving medicated is not the same as driving stoned. THC will show up 4 weeks after smoking or eating cannabis.
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Lorelei Shark
progressive activist
03:15 PM on 05/13/2010
Obama DID say he would not legalize but would decriminalize marijuana. This is not what this article says - it in fact criminalizes it. This says if you smoke pot - don't drive. I want to know the statistics of pot smoking driving mishaps compared to every other substance. I smell drug & alcohol lobbies at work here folks. Those lobbyists that were supposed to be out of work in this administration.
11:54 PM on 05/13/2010
Lorelei
The statistics on marijuana and driving...

http://norml.org/index.cfm?Group_ID=7459
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Lorelei Shark
progressive activist
12:54 AM on 05/14/2010
Thank you for the link. I don't believe anyone should drive while impaired on anything. What bothers me is that by merely testing for the presence of THC, it is not accurately testing one's acumen for driving. "Marijuana’s primary psychoactive compound, THC, may be detected in blood for several hours, and in some extreme cases days after past use, long after any impairing effects have worn off. In addition, non-psychoactive byproducts of cannabis, known as metabolites, may be detected in the urine of regular users for days or weeks after past use." This is not acceptable on any level and must be challenged on every level.
12:27 PM on 05/13/2010
I voted for Obama....and I really REALLY dislike the realization that the person I voted for was a poor choice.
11:08 PM on 05/13/2010
I completely empathize with you, but really... if you could go back now, would you vote for McCain/Palin instead? It may have been a poor choice, but was there really any other?
11:37 PM on 05/13/2010
Anarchy Now.
11:51 PM on 05/13/2010
You could've voted for one of the third party candidates and at least sent a message. Cynthia McKinney, Ralph Nader, Bob Barr and Chuck Baldwin, each agreed we needed to bring our soldiers home from the middle east, protect our privacy and civil liberties, deal with the national debt, disallow corporate bailouts or subsidies and investigate the Federal Reserve.
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Jim Brown
12:18 PM on 05/13/2010
More government BS.
11:31 AM on 05/13/2010
More lies from those given permission to lie:
http://www.mpp.org/news/press-releases/white-house-gets-permission-to-lie.html

Myth: Marijuana Use is a Major Cause Of Highway Accidents. Like alcohol, marijuana impairs psychomotor function and decreases driving ability. If marijuana use increases, an increase in of traffic fatalities is inevitable.

Fact: There is no compelling evidence that marijuana contributes substantially to traffic accidents and fatalities. At some doses, marijuana affects perception and psychomotor performances- changes which could impair driving ability. However, in driving studies, marijuana produces little or no car-handling impairment- consistently less than produced by low moderate doses of alcohol and many legal medications. In contrast to alcohol, which tends to increase risky driving practices, marijuana tends to make subjects more cautious. Surveys of fatally injured drivers show that when THC is detected in the blood, alcohol is almost always detected as well. For some individuals, marijuana may play a role in bad driving. The overall rate of highway accidents appears not to be significantly affected by marijuana's widespread use in society.

Center on Addiction and Substance Abuse. “Legalization: Panacea or Pandora’s Box”. New York. (1995):36.

Swan, Neil. “A Look at Marijuana’s Harmful Effects.” NIDA Notes. 9.2 (1994): 14.
Moskowitz, Herbert and Robert Petersen. Marijuana and Driving: A Review. Rockville: American Council for Drug Education, 1982. 7.

Mann, Peggy. Marijuana Alert. New York: McGraw-Hill, 1985. 265.
11:31 PM on 05/13/2010
Some good info but I would add that part of the problem is that "MJ" isn't a constant. There are all kinda of different strains and so forth which may affect individuals in different ways. Also, someone that regularly consumes MJ will "tolerate" THC better than someone that only gets high on weekends, and so on. So there are all these variables connected with it. And what is being termed "impairment" may in fact be true for some, while for others just the opposite is in fact the truth.
12:10 AM on 05/14/2010
OMG!...Peggy Mann...her expertise on the subject is that she was nothing more than a bored housewife.She found a pack of rolling papers in her teen daughters room and all of a sudden became an "expert" and wrote the book full of lies,"Marijuana Alert".
11:29 AM on 05/13/2010
I personally find it interesting that anyone is whining about this. This was a completely logical and expected move from the US Government. But the shock factor of comparing the plight of the potheas to the plight of the black population in the US is a bit lost as it's not entirely the same thing.
I mean, I could blaze friday night, stay in the whole weekend, leave for work monday morning fine, and not have a problem because I am not presenting myself to be a hazard to others driving. But, alternately, I could smoke a pipe in my car while driving down the thruway, and then I only get what's coming to me. Seriously, this is a common sense sort of law for many states.
I'm all for the legalization of marijuana, but with great power comes great responsibility, and I personally think the zero tolerance laws should be in place even when pot's legal, due to the stupid amount of accidents that occur because people are more concerned with getting high than being aware of their surroundings.
01:00 PM on 05/13/2010
If you are serious?? Do your homework online and find the real truth..
I am a 52yr old MMJ patient with 2ea different Doctors on board... All the facts point out Cannabis has great Medical potential and its use is now backed by the American Medical Ass...
Obama speaks out of both sides of his mouth.. He is protecting the DEA and all who are ignorant that oppose legalization of MMJ.. Using this as a Political issue instead of doing the right thing based on Facts... Americans are suffering, loosing property, and put in Jails based on Politics...
I write this at the same time I am helping another Cancer Victim get through and survive..
04:44 PM on 05/13/2010
Also let's not forget that once you're found driving under the influence of drugs (whether you were or not) you have a drug related conviction and lose all federal student aid, even if you're a straight A student at Harvard Law. Wake up, america. It's the home of the rich and the slum of the poor, and free and brave have NOTHING to do with it.
04:39 PM on 05/13/2010
Actually, the reason ppl are whining is because the law is talking about THC metabolytes that stay in the body between 7-100 days. So you could blaze friday night, stay in the whole weekend, leave for work monday morning, get hit in your car at a red light, get tested and be found DRIVING UNDER THE INFLUENCE OF DRUGS. Even though you would be perfectly sober. I'm sure it's not too much of a stretch to see directly after that incident a scenario where your insurance refuses to pay for the damages which you then get sued for and lose everything you own. The policy is ridiculous. I thought America was finally going to get real about what marijuana does (and what it DOESNT DO) and legislate accordingly. I guess I was just high.
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MariJman
life is scary, there are no guarantees
11:03 AM on 05/13/2010
Obama is no different than Bush,as a matter of fact he is worse, Bush attacked other countries, Obama is attacking the USA and the people in it! We are not free, I"m so disgusted with the Obama government I can't wait to get the hell out of this crap hole, what happened to him after he came into office? he has turned into a despot.
09:07 PM on 05/18/2010
I agree that he is worse than Bush in some ways, but maybe nothing "happened" to him once he got in office. I knew as I was writing checks to his campaign that "change" and "hope" were words he was using to get elected. Afterall, it is politics. I just didn't know to what extent he really wanted to control the population. Maybe he didn't turn into a despot. Maybe this is just who he is. You never really know a politician, especially based on a political campaign. In any case, he is dangerous!
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Adam Mantium
10:44 AM on 05/13/2010
America: The Country of the "sort of" free.