LEAVE LOOPHOLE ALONE

To the editor:

A recent court decision has exposed an apparent
loophole in the state code in regard to DUI laws and marijuana. The
state Legislature has vowed to correct this discrepancy, and Bannock
County Sheriff Lorin Nielsen is glad to hear that. The good citizens
of Idaho should not be so quick to jump on the bandwagon.

In the Monday edition of the Journal, Sheriff Nielsen was quoted
discussing how any impairment is dangerous, and that an individual
must always be in full control when driving. In addition, his opinion
of the "loophole" essentially states that any dangerous impairment is
criminal. Might we remind the good sheriff, who twice has had diabetic
seizures at the wheel of public safety vehicles, of his own dangerous
impairment?

More central to this issue is the effect of marijuana on an
individual's ability to drive. Studies have shown that marijuana
affects everyone differently and that effect cannot be measured. In
fact, last January the Journal printed a story about a study, which
concluded that people who regularly smoke marijuana are better drivers
while under the influence. In addition, the amount of marijuana used
and time since ingestion cannot be identified or quantified like
alcohol. Thus, our only available measurement is behavioral and in the
form of field sobriety tests. That is exactly what the court ruled and
what the state code enforces. Therefore, there is no "loophole" to
close.

In conclusion, I urge all reasonable citizens, and the Legislature, to
reject any attempt to close this prudent exception. We must also
realize that a person on marijuana who passes a field sobriety test,
is as fit to drive as our good, and impaired, sheriff.

RYAN ELLIOTT
Pocatello