national
STEVE ELLIOTT is the editor behind tokesignals.com, an independent blog of Cannabis news and opinion
Arizona prosecutor:
Smokers risk dui charges even months after toking
T
here’s nothing wrong with charging a motorist who smoked marijuana a month ago with impaired driving, an Arizona prosecutor told the state Supreme Court on November 5. Susan Luder, a deputy Maricopa County attorney, admitted that carboxy-THC, a metabolite of marijuana, often shows up in drug tests a month after the last time an individual used cannabis, reports Capitol Media Services. She didn’t even argue with her own expert witness, who said the presence of that metabolite does not indicate someone is impaired. But, as strange as it seems, Luder told the Supreme Court justices that it is perfectly legal under Arizona law to prosecute someone for driving under the influence of marijuana when they haven’t smoked for a month, and are not impaired. Those convicted of driving while drugged can lose their driver’s license for up to a year in Arizona. If Luder’s arguments prevail, Arizona’s 40,000 legal medical marijuana patients will effectively be banned from driving, since the human body’s endocannabinoid system holds onto marijuana metabolites for as long as it can, treating them more as a nutritional supplement than as a toxin (the body expels substances like cocaine, alcohol and methamphetamine as quickly as possible, usually in three to five days). The current Supreme Court case stems from a driver being cited for a traffic violation, and upon being given a blood test, was found to have carboxy-THC in his system. He was charged with driving with an illegal drug or its metabolite in his body. A trial judge threw the case out of court, but the Court of Appeals differed, saying the DUI laws “must be interpreted broadly.” That appeals court ruling effectively bans anyone with any carboxy-THC in their blood from driving, according to attorney Michael Alarid, who caled that “an absurd result.” Justice Scott Bales seemed all too willing to make excuses for the intrusive and inaccurate drug testing, saying the fact remains that anyone who tests positive for carboxy-THC had in fact, used marijuana at some point. Justice Bales claimed there isn’t any way for police to “extrapolate backwards” to determine when that person was impaired. How convenient for the cops, eh? “If we don’t know that, wouldn’t it be reasonable for the Legislature to prohibit driving while you have carboxy-THC in your system?” Bales cluelessly asked. But a simple ban on driving with carboxy-THC in the blood isn’t rationally related to protecting the public from impaired drivers, according to lawyer Alarid. The justices haven’t yet indicated how they will rule.
16/dec. 2013 FACEBOOK.COM/NWLEAF
Portland, Maine voters win a historic landslide and legalize marijuana!
Y
es, there is now a city on the East Coast that has legalized marijuana, with voters overwhelmingly approving ballot Question 1, an ordinance removing penalties for adult possession of small amounts of cannabis. Unofficial totals showed the proposal passing with 67 percent of the vote, 9,921 to 4,823. The city ordinance allows people 21 and older to possess up to 2.5 ounces of marijuana, and is seen by many activists as a foot in the door to statewide legalization. The immediate effects, however, are unclear. Portland Police Chief Michael Sauschuck has already said that regardless of the vote, officers will continue enforcing Maine state law, under which possession of up to 2.5 ounces of cannabis can result in fines of $350 to $1,000, along with a civil summons. Selling or providing pot to others can result in criminal charges. The city should respect the voters and not arrest or fine adults for marijuana possession, according to David Boyer, Maine political director for the Marijuana Policy Project (MPP). “We call on city officials to stop the bleeding,” Boyer said. “It’s time for the state of Maine to follow Portland.” MPP will try to legalize marijuana through the Maine Legislature, according to Boyer; if that The city ordinance doesn’t work, it will attempt to get a statewide referallows people 21 and endum on the 2016 ballot, he said. MPP spent more older to possess up to $10,000 on the Portland campaign. 2.5 ounces of marijuana, than Portland’s vote will energize Maine voters, according and is seen by many to state Rep. Diane Russell, who has already submitactivists as a foot in ted two unsuccessful bills in the Legislature would the door to statewide would tax and regulate marijuana like alcohol. One legalization. fell four votes short in the House of Representatives. “Volunteers have been working tirelessly to make Portland the first city on the East Coast to legalize marijuana for adults, and tonight we celebrate,” Rep. Russell said, reports NORML Communications Director Erik Altieri. “This is a victory for science, for common sense and for liberty.” “We already successfully regulate marijuana for medical use and, with tonight’s vote, it’s now clear Mainers are ready to move forward responsibly regulating all adult marijuana sales,” Rep. Russell said. “It’s time to stop rewarding the drug cartels and start rewarding responsible business owners, while funding important state priorities with new tax revenue.” “We hope this resounding vote in Portland sends a loud and clear message, not just to lawmakers in August, but lawmakers nationwide, NORML’s Altieri said. “We the people are ready for marijuana legalization and it is well past time for legislators to listen to their constituents and push for an end to the failed policy of prohibition.”