*** UPDATE *** The Senate is planning a hearing on the medical marijuana bill this afternoon, so the coppers gave the Associated Press an 11th hour press release designed to strike fear into Senators’ hearts…
Leading Illinois law enforcement organizations say motorist safeguards in pending medical marijuana legislation are not strict enough to prevent traffic deaths.
The Illinois Association of Chiefs of Police and the Illinois Sheriffs’ Association sent a letter Wednesday to Gov. Pat Quinn and other state officials asking for tougher standards.
The Associated Press was given a copy in advance.
The AP didn’t even bother to find an opposing view. That’s just irresponsible. I don’t care if they are cops. Their word is not holy.
I e-mailed Dan Riffle of the Marijuana Policy Project about the development and he got back to me within ten minutes with this reply…
As a former prosecuting attorney, I know a thing or two about law enforcement and I can tell you the safeguards against driving under the influence in this bill are incredibly strict - arguably too strict. Patients who drive under the influence of cannabis would be charged under the exact same provisions that apply to anyone who drives under the influence of more impairing medications like OxyContin, Xanax, or Vicodin. The only difference would be that police would have more latitude to require a field sobriety test for medical cannabis patients.
The bill specifically states that “Nothing in this Act shall be construed to prevent the arrest or prosecution of a registered qualifying patient for reckless driving or driving under the influence where probable cause exists.” It also directs the Secretary of State to make a notation on the patient’s driving record that s/he is a qualifying patient and, unlike current law, gives implied consent to field sobriety tests. Patients who refuse a test will have their license suspended and ability to use medical cannabis revoked.
The bottom line: medical marijuana patients who drive impaired can and will be prosecuted. It is irresponsible and simply false for these law enforcement officials to suggest otherwise.
*** UPDATE 2 *** More from the MPP…
Also, regarding blood/urine tests, the science is not conclusive on this. THC can remain in the system of someone who consumes marijuana for more than a week after use, so detecting it in a blood or urine sample doesn’t mean the driver is impaired.
There’s also no standard as to how much THC is evidence of impairment. The only way to figure out whether the driver is impaired is to observe their driving and conduct field sobriety testing, which the bill calls for and officers are well-trained in.
[ *** End Of Update *** ]
* The deputy director of government relations at the Marijuana Policy Project has penned an op-ed on why Illinois’ proposed medical marijuana law is different from the “wild” western states’ laws. For example…
Another common feature of medical marijuana laws adopted by Western states is the establishment of dispensaries, where patients are able to purchase marijuana. The proposal in Illinois includes a system of dispensaries, but there will hardly be a resemblance. California does not recognize or regulate dispensaries; that is left entirely up to the localities. In Colorado, dispensaries are tightly regulated by the state and localities, but there is no firm limit to their number, and several hundred are operating.
The Illinois bill, on the other hand, provides for a maximum of just 60 dispensing centers in the entire state, which will obtain marijuana from one of up to 22 cultivation sites (one per state police district). These facilities will be strictly regulated by the Illinois Department of Agriculture and Department of Financial and Professional Regulation. Medical marijuana also will be tested for pesticides and potency and sold in labeled, sealed, tamper-proof containers.
The inflamed rhetoric against this bill just doesn’t add up.
