STONED DRIVING BILL ADVANCES

Stoned driving bill advances A bill placing tighter restrictions on
people in Colorado who drive after using marijuana took another step
forward today.

But the approval this morning by the state House of Representatives
didn't come without contention, including a skirmish among the bill's
two sponsors.

The bill, House Bill 1261, would create a limit of THC - the
psychoactive component of marijuana - drivers could have in their
blood. Anybody who tests above that amount, 5 nanograms per
milliliter, would be presumed to be too high to drive, in much the
same way someone with a blood-alcohol content above .08 is considered
too drunk to drive.

The bill has the support of law enforcement officials, who say it
brings specificity to existing laws banning stoned driving. But the
proposal has been criticized by many in the medical-marijuana
community, who fear the 5-nanogram level might be too low for people
with high THC tolerances.

Since THC levels in the blood can spike and dip quickly and can vary
based on pot potency, ingestion method and other factors, it is
difficult to quantify how much marijuana people must use or how long
afterward they must wait to be below the 5-nanogram limit. The bill's
detractors point out that the rise and fall of THC levels in the blood
is much less predictable than that of alcohol. Furthermore, there is
no way for marijuana users to easily figure out what their THC levels
are, also unlike with alcohol.

But the bill's supporters say that marijuana unquestionably impairs
certain faculties critical in driving, and they argue that a number of
studies conclude that people with levels above 5 nanograms are
impaired. Some studies, they point out, suggest an even lower level
often indicates impairment.

The fight in the House today erupted along these divisions, when Rep.
Claire Levy, a Boulder Democrat who is one of the bill's sponsors,
proposed raising the limit to 8 nanograms. Levy said that, given a THC
limit would be something new to Colorado law, it is best to be cautious.

"I became concerned that we were going to convict people and take
their licenses away when they were not impaired," Levy said.

But her proposal angered several lawmakers, including her co-sponsor,
who said the 5-nanogram limit had been extensively discussed.

"There's nothing to support that 8 is the right level," said Rep. Mark
Waller, a Colorado Springs Republican who is the bill's other House
sponsor.

Rep. Bob Gardner, R-Colorado Springs, was so angry he proposed
lowering the limit to 2 nanograms, before backing off. The House then
voted down Levy's proposal and passed the bill with the 5-nanogram
limit, but not before taking a procedural step that will make it
harder in the future for lawmakers to tinker with the limit as the
bill winds through the legislature.

The bill still needs one more vote in the House before moving over to
the Senate, where it must survive at least three votes to make it to
the governor's desk.