Archive for May 12th, 2014

California Legislature Kills Zero-Tolerance Marijuana DUI Law

Monday, May 12th, 2014

In early April, I wrote about the terrible idea that was AB 2500.

Introduced by Assemblyman Jim Frazier, the original bill would have changed California’s current DUI law making it unlawful for a person to drive with any detectable amount of marijuana in the system. The legislation was later amended to set a limit of two nanograms of THC per milliliter of blood. The law also sought to make it illegal to drive with any trace of any other controlled substance in the system.

Whew! You can all let out a collective sigh of relief because the proposed law was killed in the California legislature.

AB 2500 was defeated by the Assembly Public Safety Committee by a vote of 4-2.

I hate to beat a dead horse, but I simply can’t say it enough. We cannot punish sober drivers merely because they may have smoked marijuana a day, a month, or a week ago.

Unlike alcohol, THC stays in a user’s system for up to weeks at a time even though the intoxicating effects of the marijuana may only last a couple of hours. And unlike the established relationship between blood-alcohol levels and impairment, THC in the blood does not necessarily correlate to impairment. In fact, the National Highway Traffic Safety Administration has said, “It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects.”

In late April, the Arizona Supreme Court struck down an Arizona law similar to California’s proposed AB 2500, and rightly so.

Arizona’s high court reaffirmed the trial court’s correct decision to toss the case of Hrach Shilgevorkyan who had been arrested for driving under the influence after a blood test detected the presence of marijuana.

“For example, at oral argument the State acknowledged that, under its reading of the statute, if a metabolite could be detected five years after ingesting a proscribed drug, a driver who tested positive for trace elements of a non-impairing substance could be prosecuted,” said the court in supporting its opinion.

The Court went on to conclude, "Because the legislature intended to prevent impaired driving, we hold that the 'metabolite' reference in [the law] is limited to any of a proscribed substance's metabolites that are capable of causing impairment . . . Drivers cannot be convicted of the . . . offense based merely on the presence of a non-impairing metabolite that may reflect the prior usage of marijuana.”

Let’s hope the California Supreme Court never has to make such an obvious decision.

But you just never know. Frazier’s response to his bill’s failure? “I have eleven more years” to continue working on the bill.

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