Updates on HB 1261, THC/DUI Bill

[Jim Finnel]

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.

Talking Points
- 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 the place."
- 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 patients.
- Rep. Levy says the 5ng/mL limit is based on an "intuitive feeling" and not actual research: Medical marijuana: THC driving limits sponsor voted for one standard, prefers different one - Denver News - The Latest Word

EMAIL THE JUD. CMTE. and Bcc: THE REST OF THE SENATE

Colorado Senate Judiciary Committee

angela.giron.senate@state.co.us, steve.king.senate@state.co.us, linda.newell.senate@gmail.com, jeanne.nicholson.senate@state.co.us, ellen.roberts.senate@state.co.us, mark.scheffel.senate@state.co.us, kevin@kevinlundberg.com, lucia.guzman.senate@state.co.us, morgan.carroll.senate@state.co.us,

The Rest of the Colorado Senate (excluding Judiciary Committee)

irene.aguilar.senate@state.co.us, bob.bacon.senate@state.co.us, betty.boyd.senate@state.co.us, greg@gregbrophy.net, bill.cadman.senate@state.co.us, joyce.foster.senate@state.co.us, kevin.grantham.senate@state.co.us, ted.harvey.senate@state.co.us, rollie.heath.senate@state.co.us, mary.hodge.senate@state.co.us, senatorhudak@gmail.com, cheri.jahn.senate@state.co.us, mike.johnston.senate@state.co.us, keith@keithking.org, mike.kopp.senate@state.co.us, senatorlambert@comcast.net, shawnmitch@aol.com, john.morse.senate@state.co.us, senatorrenfroe@gmail.com, gail.schwartz.senate@gmail.com, brandon@brandonshaffer.com, nancyjspence@gmail.com, pat.steadman.senate@state.co.us, lotochtrop@aol.com, jean.white.senate@state.co.us, suzanne.williams.senate@state.co.us, info@cannabistherapyinstitute.com

Send copies of any letters or replies to: info@cannabistherapyinstitute.com

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