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*** 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.
* 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.
posted by Rich Miller
Wednesday, May 8, 13 @ 10:39 am
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Smoking is between ONE man/woman and cigarettes. If we allow marijuana then what other smoking will we have to allow? My realtionship with cigarettes will be irreparably harmed if this travesty is allowed.
Comment by Demoralized Wednesday, May 8, 13 @ 11:06 am
“The inflamed rhetoric against this bill just doesn’t add up.”
No kidding. No one is calling for Illinois to ban Vicodin, Oxycodone, Valium, etc., so using the opponents own logic, they must be in favor of our children all getting hooked on heroin/opiate based drugs. Medical cannabis will be much, much, much harder to obtain under this proposal than the aforementioned hard narcotics.
Comment by Jeff Trigg Wednesday, May 8, 13 @ 11:12 am
“Wild West” is a term reserved for what will happen to Illinois in the event concealed carry is passed, not what happens if pot is legalized.
We have to get our overblown rhetorical terms straight, or people will get confused.
Comment by Anon Wednesday, May 8, 13 @ 11:15 am
In light of the recent ban on cigarettes on state college campuses, will we see the prohibition extended to this?
Comment by Cincinnatus Wednesday, May 8, 13 @ 11:32 am
Let’s roll!
Comment by Amalia Wednesday, May 8, 13 @ 11:34 am
In Illinois, we keep the number of licenses low so as to encourage contributions to get them.
Comment by Excessively Rabid Wednesday, May 8, 13 @ 11:41 am
The more you regulate it the more those who want to make money under said regulations will end up giving to political campaigns and groups.
Brilliant!
Comment by OneMan Wednesday, May 8, 13 @ 11:54 am
It’s surprised me that Illinois hasn’t been able to pass a less restrictive law.
In Arizona, you can grow up to 12 plants yourself if you’re more than 25 miles from a dispensary. And their politics ain’t exactly Marin County.
http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881
Comment by wordslinger Wednesday, May 8, 13 @ 12:21 pm
Latest pension amendment provides access to Medical Marijuana in exchange for giving up compuounded COLA in retirement. Seeks to alleviate “chronic” underfunding.
Comment by Michelle Flaherty Wednesday, May 8, 13 @ 12:53 pm
If the job is not offered to Rich, I would like to head the department that will be in charge of testing the medical marijuana to ensure correct potency.
Comment by unclesam Wednesday, May 8, 13 @ 1:25 pm
===If the job is not offered to Rich===
Homey don’t play that no more.
Comment by Rich Miller Wednesday, May 8, 13 @ 1:40 pm
If a doctor writes a prescription for Medical Marijuana he is in violation of his or her federal DEA licensure requirements….. regardless of the State Law. Thus all doctors will not prescribe until the federal law is fixed
Comment by medicalguy Wednesday, May 8, 13 @ 1:50 pm
Maybe they’re holding out for a certified organic requirement.
Comment by thechampaignlife Wednesday, May 8, 13 @ 1:58 pm
===If a doctor writes a prescription===
It ain’t a “prescription.” Do you think the drafters were that stupid? C’mon.
Comment by Rich Miller Wednesday, May 8, 13 @ 2:02 pm
As for the law enforcement concerns, the Senate sponsor is a former state’s attorney who wasn’t exactly known for being a bleeding heart liberal.
Comment by Michelle Flaherty Wednesday, May 8, 13 @ 2:06 pm
It is difficult to understand the police’s logic in opposing a bill that instantly reduces crime. Oh, I get it, it also reduces the need for their services.
Comment by Keyser Soze Wednesday, May 8, 13 @ 2:24 pm
The chiefs and sheriffs seem to want to engage in some silly culture wars rather than address any substantive policy question.
Do they think the MS and chemo patients are out partying, highballing it down the roads to the clubs?
No, they’d rather not risk arrest for a benign method of alleviating suffering.
Very disappointing.
Comment by wordslinger Wednesday, May 8, 13 @ 2:26 pm
@Soze - Nah, their services are still needed just as much. Its a lot easier catching some pot smokers than it is finding missing children being held captive and tracking down real criminals.
The amount of time and resources the police use arresting cannabis users, as opposed to their efforts at tracking down real criminals, reflects very poorly on their entire profession, unfortunately.
Comment by Jeff Trigg Wednesday, May 8, 13 @ 2:52 pm
It’s always impolite to send a letter to the Gov but to give it to the media first. I try to wait a least five minutes after delivering to the addressee before giving it to the press.
Comment by Don't Worry, Be Happy Wednesday, May 8, 13 @ 2:54 pm
The coppers and lawyers don’t to see the drug war end, any little piece of it. They will protect their gravey train to the fullest extent they can
Comment by b Wednesday, May 8, 13 @ 3:10 pm
I call dibs on the district 9 cultivation site.
Comment by Bitterman Wednesday, May 8, 13 @ 3:17 pm
Murphy in committee “marijuana is a gateway drug” that is like an argument from the 1980s. That has been debunked so many times. Come on Murph
Comment by dang Wednesday, May 8, 13 @ 3:56 pm
–Murphy in committee “marijuana is a gateway drug”–
Didn’t he follow any of the testimony or read the letters?
These patients were talking about marijuana as a means to get off prescribed morphine, Vicodin and Oxycontin, truly dangerous, debilitating and addictive drugs.
More than 16,000 people a year die from accidentally overdosing on prescribed drugs, mostly Vics and Oxy.
The next fatal marijuana overdose will be the first.
http://articles.latimes.com/2013/mar/29/local/la-me-ln-prescription-drugrelated-deaths-continue-to-rise-20130329
Comment by wordslinger Wednesday, May 8, 13 @ 4:10 pm
Hunter in committee on this bill is shocking. Generational issue in some ways
Comment by dang Wednesday, May 8, 13 @ 4:24 pm
Note to self, get Sen. Radogno to champion legalization legislation next year.
Comment by danlinn Wednesday, May 8, 13 @ 4:37 pm
Excellent post. Wordslinger covered the most essential point: we can get people off the hard, dangerous less effective drugs and give them some peace from pain. There is no legitimate argument to hold this back, only people (who evidently are not in serious pain).
Comment by Dan Bureaucrat Wednesday, May 8, 13 @ 4:47 pm
Well said, and ENOUGH said, by Mr. Ripple. The safeguards are already built in and are “incredibly strict…” etc. Hopefully, our Senate will review that reality and not go overboard here by swallowing all the over-the-top, ultra-nit picky safety hype…bottom line: violators under the MedMar Law on the road and engaging in impaired driving can and will be prosecuted! Enough said…!
Comment by Just The Way It Is One Wednesday, May 8, 13 @ 5:51 pm