TWO SIDES TO MARIJUANA LEGISLATION

The following is the legislation put before lawmakers during the 2009
session to either expand the legal use or possession of marijuana or
to make it easier to prosecute those suspected of driving after
having used the illegal drug.

PRO DRUG USE

Bill No. HB 555

Sponsor: Rep. Steven Lindsey, D-Keene.

Description: This would criminalize possession of up to an ounce of
marijuana and subject offenders to a fine of $100. The authorities
must notify the parents of anyone found guilty of this who is under
18 and that person must then attend a drug awareness course.

Currently, the crime is a Class A misdemeanor that does not often but
can result in a year in county jail and fines of up to $2,500.

Status: The House Criminal Justice and Public Safety Committee took
the first testimony on this measure last Tuesday. The panel has
scheduled Thursday as the tentative day it is to meet and make a
recommendation on it to the full House of Representatives.

Bill No: HB 648

Sponsor: Rep. Evalyn Merrick, D-Lancaster.

Description: This would legalize the use of marijuana for anyone with
a "debilitating medical condition" along the lines of the 13 states
with similar laws on the books including Maine, Vermont and Rhode Island.

Anyone seeking this use must obtain a Department of Safety registry
card that entitles them to have in their home no more than a dozen
pot plants with not more than six ounces of useable marijuana in the
person's possession.

No patient under 18 could have this access to legal marijuana unless
the doctor and the minor's parents consented to the use.

Status: The House Health, Human Services and Elderly Affairs
Committee will take testimony on the bill but it has yet to schedule
an initial public hearing.

ANTI-DRUG USE

Bill No: HB 575

Sponsor: Rep. John Flanders, R-Kingston.

Description: This would allow law enforcement that suspect drugged
driving to compel a motorist to submit to a blood or urine test for
metabolites of Class I drugs. Marijuana can remain in a user's system
for weeks and heroin can stay there for days.

Public safety executives say their field tests for drugged driving
aren't successful in catching all those suspected of driving after
abusing illegal drugs.

Status: The House Criminal Justice and Public Safety Committee hosted
the first hearing on the bill last Thursday morning.

Bill No.: HB 665

Sponsor: Rep. Robert Mead, R-Mont Vernon.

Description: This broadens what is defined as drugged driving to
include not only "controlled drugs" but any illegal, chemical
substance either natural or man-made and any metabolites that
remained in the blood system of a motorists.

This is widely viewed as a companion bill to the one the Department
of Safety asked Rep. Flanders to pursue (HB 575).

Status: The House Criminal Justice and Public Safety Committee has
custody of the bill but has yet to set a date on when it will be
heard. State law enforcement officials reportedly prefer the bill
Flanders offered for them to this one.