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DUID BILL DIES IN SENATE SPECIAL SESSION, PATIENT PROTECTIONS REQUIRE ADDITIONAL ACTION

HB-12S-1005 lost by one vote in a special session of the Senate today.  A similar bill introduced last year suffered a similar fate.  For medical marijuana patients, the bill’s controversy was mired in a crucial detail – the 5 nanogram blood limit cited in the language.

While law enforcement and the regulated industry are in favor of a bill to establish legal limits for impairment, the 5 nanogram limit was criticized as being an arbitrary limit lacking scientific support. Existing research purports that a limit closer to 18 nanograms would be more appropriate.

Major industry groups worked together to help educate lawmakers and stakeholders about the science behind it.  The 5 nanogram limit offers insight into another one of the intricacies of the cannabis plant, and it’s effect on the human body.  Cannabis does not metabolize like alcohol, therefore establishing a baseline THC level in the blood that indicates impairment requires more thought.  Active vs. latent THC is not currently considered in the language – and it is the active THC that generates the immediate effects in the hours after medicating.  But latent THC, which is also stored in fat cells, can remain in the body for 30 days after medicating.  Further, a host of other contributing factors, such as frequency with which a person medicates, amount of consumption, length of time a person has been medicating, can all affect testing.

It is inevitable that a legal limit for cannabis impairment (and, potentially Schedule I and II drugs, which were initially addressed in the bill language) will be established.  The challenge is developing a limit that is supported by science – and protecting the Amednment 20 rights of patients who rely on cannabis for medicine – as well.

 

http://www.denverpost.com/breakingnews/ci_20627050/marijuana-driving-limits-expected-get-final-house-ok

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