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Ohio Passes Unfair Drugged Driving Bill

By Jeralyn, Section Crime Policy
Posted on Fri Mar 31, 2006 at 11:15:58 AM EST
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Via NORML:

NORML regrets to inform you that earlier this week the House and Senate gave final approval to Senate Bill 8, Ohio's proposed per se "drugged driving" bill. While some of our allies on the House Criminal Justice Committee valiantly tried to address some of our concerns by introducing several amendments to the bill, SB 8 - as approved by both chambers - would still potentially punish marijuana smokers for "drugged driving," even if the individual is neither under the influence nor impaired to drive.

The bill is expected to be signed into law by the Governor, whose administration lobbied for its passage, and will take effect 90 days after his approval.

What's wrong with the bill? It punishes marijuana smokers who are not under the influence at the time they are driving.

This pending law represents an all out assault on Ohio's marijuana smoking community. Because marijuana's main metabolite, THC-COOH, remains detectable in certain bodily fluids, particularly urine, for days and sometimes weeks after past use, this legislation seeks to define sober drivers as if they were intoxicated. Someone who smokes marijuana is impaired as a driver at most for a few hours; certainly not for days or weeks. To treat all marijuana smokers as if they are impaired, even when the drug's effects have long worn off, is illogical and unfair.

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    Ohio Passes Unfair Drugged Driving Bill | 49 comments (49 topical)
    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#2)
    by Johnny on Fri Mar 31, 2006 at 11:38:33 AM EST
    No Narius, the alternative is to have the state demonstrate incapacity to operate the motor vehicle. But that would mean all those heroic doctors driving home after a 72 hour shift could be arrested due to sheer exhaustion. Once gain, basing capacity on a strict chemical measurement, the powers that be have demonstrated their vast capacity for downright idiocy in legislation.

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#3)
    by Talkleft Visitor on Fri Mar 31, 2006 at 11:38:52 AM EST
    The alternative is to let people drive while impaired by pot and kill other innocent people. I would rather the law error on the side of public safety. The pot smoker can take a bus.
    Narius, What part of this statement do you not comprehend?
    It punishes marijuana smokers who are not under the influence at the time they are driving.
    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#4)
    by Talkleft Visitor on Fri Mar 31, 2006 at 11:39:06 AM EST
    Probably not. The republicans probably cut the Mass Transit Funding and put it into rare coins. How's that workin' out for them?

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#5)
    by Patrick on Fri Mar 31, 2006 at 11:52:42 AM EST
    Well, can't say much for the bill, but I am intrigued with the language:
    Someone who smokes marijuana is impaired as a driver at most for a few hours; certainly not for days or weeks.
    Since I have heard many here argue that it is safe to drive while high on marijuana. IIRC someone even claimed they were a better driver when they were stoned. (Which perhaps was an indicator if their poor ability to drive overall) I'm all for BAC's since they measure the alcohol present in the blood. A metabolite is not indicative of the levels of the intoxicant present at the time. If they were develop such a test, perhaps my view would change.

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#6)
    by kdog on Fri Mar 31, 2006 at 12:05:10 PM EST
    Don't mind narius...he's for totalitarianism. Whatever govt. does is allright by him, regardless of the merits. As to this new bill, the felonization of America continues. What's the deal with the federal and state governments pushing to create all these new felons? ***Disclaimer...it's a bad idea to drive under the influence of any drug; be it mj, alcohol, or certain over the counter cold remedies. A bad idea should not necessarily be a felony.

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#8)
    by Talkleft Visitor on Fri Mar 31, 2006 at 12:15:03 PM EST
    I understand the statement but that does not mean I would have to have a problem with it.
    Apparently you do not understand the statement since you so eloquently state:
    There is nothing wrong to punish some pot smoker while makes the street safer.
    What does that even mean? You are making no sense.
    And you can not argue that ALL pot smoker drives when they are not under influence.
    I am not arguing that ALL pot smokers are not under the influence when they drive. I find it ridiculous that a pot smoker can be charged with "drugged driving" when they are not under the influence.

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#9)
    by kdog on Fri Mar 31, 2006 at 12:26:35 PM EST
    You are making no sense.
    Much like the drug war as a whole makes no sense, eh macro? narius...what you fail to understand is you are NOT making the "streets safer", just clogging the courts and the lock-ups. This will do nothing to improve road safety, and the Ohio legislature damn well knows it. Or they are retarded.

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#10)
    by Talkleft Visitor on Fri Mar 31, 2006 at 12:29:40 PM EST
    narius wrote:
    There is nothing wrong to punish some pot smoker while makes the street safer.
    macromaniac replied:
    What does that even mean? You are making no sense.
    macromaniac: You hit the nail on the head! What a non-sensical reply from narius. Makes me wonder if narius is, well, stoned, LOL!

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#11)
    by Al on Fri Mar 31, 2006 at 12:39:43 PM EST
    This issue can probably be settled scientifically. For alcohol, there are studies that have measured how motor coordination and reflexes deteriorate with blood alcohol content. Cell phone usage is also attracting attention as studies show that it is equivalent to drunk driving. I am no expert, but studies have probably been done with marijuana as well. The sensible thing to do is to do the research carefully, so that everyone concerned is satisfied that safety is ensured while at the same time not unduly restricting an individual's right to do whatever they please as long as it doesn't harm anyone else. It's common sense, really.

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#13)
    by sarcastic unnamed one on Fri Mar 31, 2006 at 12:44:29 PM EST
    I assume, if the bill does have a zero tolerance for drug metabolites and these are not indicative of intoxication, it'll be challenged in a court of law and struck down. Not that I would wonder if NORMAL's interpretation of a drug law might be somewhat biased or anything, but has anyone read the actual bill itself? I can't google it...

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#14)
    by Che's Lounge on Fri Mar 31, 2006 at 12:48:01 PM EST
    Jeralyn, Please intervene so reasonable people can have a discussion on one of the few forums left to us in this FUBAR world. This is very counterproductive.

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#15)
    by Talkleft Visitor on Fri Mar 31, 2006 at 12:49:19 PM EST
    narius wrote:
    You lock up all 1000 of them, you got 400 dangerous driver off the street.
    Hey, while we are at it, why don't we just give 'em all the death penalty, too! (Sheesh, where do these people come from?).

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#16)
    by Talkleft Visitor on Fri Mar 31, 2006 at 12:53:02 PM EST
    Since I have heard many here argue that it is safe to drive while high on marijuana. Which "many"? Cites, please. I believe this is referred to on other blogs as a "jeffy." ********** Note that reefer can be inhaled second-hand, just as tobbacco can. You can't get high that way, but this bill could screw up people who just happened to be in the wrong room at the wrong time.

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#17)
    by kdog on Fri Mar 31, 2006 at 12:53:08 PM EST
    The sensible thing to do is to do the research carefully
    I agree Al. If our federal legislature looked at the studies available, mj would be legal. Our leaders care not for the facts, just the symbolism.

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#18)
    by kdog on Fri Mar 31, 2006 at 12:57:57 PM EST
    Hey, while we are at it, why don't we just give 'em all the death penalty, too!
    I don't know Lab, I'm sure narius would prefer a forced labor camp:)

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#19)
    by scarshapedstar on Fri Mar 31, 2006 at 01:01:25 PM EST
    You lock up all 1000 of them, you got 400 dangerous driver off the street.
    Okay, well, why not start locking up teenagers and the elderly, too?

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#20)
    by Talkleft Visitor on Fri Mar 31, 2006 at 01:06:56 PM EST
    What a silly law. When someone develops a test that quickly and accurately guages drug intoxication in the field, then they're cooking with gas.

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#21)
    by squeaky on Fri Mar 31, 2006 at 01:21:50 PM EST
    Thank you Jeralyn for naming narius a chatterer. I believe he has already exceeded his four posts a day. Just imagine if narius was in charge of a blog we participated on.......his chatterers would be locked up for four years, have their faces tattooed with the word chatterer and made to pay reparations which would go to the Pro Death and Torture fund. Compassion and giving the benefit of the doubt are good things, narius. Take TL's kindness and tolerance as an example.

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#22)
    by Talkleft Visitor on Fri Mar 31, 2006 at 01:45:04 PM EST
    I've deleted Narius' comments over his four a day limit.

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#23)
    by Pete Guither on Fri Mar 31, 2006 at 01:49:09 PM EST
    It is not good to drive while impaired by anything -- alcohol, drugs, fatigue, cell phones, etc. And each of those things can cause impairment. But there are also differences in the degree and danger of impairment. And when prohibitionists try to scare people about the dangers of driving while on marijuana, it's legitimate to point out that driving while under the influence of marijuana, while not safe, is by most studies, well below the danger of alcohol or fatigue. According to the National Highway Traffic Safety Administration "Evidence from the present and previous studies strongly suggests that alcohol encourages risky driving whereas THC encourages greater caution." A Dutch study in real world conditions concluded "THC's adverse effects on driving performance appeared relatively small in the tests employed in this program." A May 1998 Australian review of 2,500 injured drivers reported that cannabis had "no significant effect" on driving culpability." And the Transport Research Laboratory in London found: "..researchers found that the mellowing effects of cannabis made drivers more cautious and so less likely to drive dangerously. Although the cannabis affected reaction time in regular users, its effects appear to be substantially less dangerous than fatigue or drinking." And then, of course, there's the classic joke, which conveys a certain truth: A drunk driver will blow right through a stop sign without slowing down. The stoned driver will patiently wait for it to turn green." The point is -- if you want to make the highways safe, look at impairment and impairment danger, not whether there is still residue in the blood, which has nothing to do with road safety. As far as marijuana drivers killing other innocent people, it's worth noting that Karen Tandy, the head of the DEA with all the resources of the federal government available to her, when trying to come up with an example of the danger of marijuana and driving, actually uses one that involved a driver on a combination of marijuana, cocaine and opiates. Apparently even she couldn't come up with a good example of someone killing someone while high on marijuana.

    Re: Ohio Passes Unfair Drugged Driving Bill (none / 0) (#24)
    by Patrick on Fri Mar 31, 2006 at 02:39:30 PM EST
    Since I have heard many here argue that it is safe to drive while high on marijuana. Which "many"? Cites, please. I believe this is referred to on other blogs as a "jeffy."
    I'll admit I don't know what a "Jeffy" is, but Pe