Colorado & Washingtons Legalization of Marijuana and DUI

[firedude 985]

First and foremost, I am NOT trying to start a debate, just have a few questions. Fact is, Colorado and Washington State will soon have legalized Marijuana for recreational use for those over the age of 21. My question is, how can ones level of high be measured for use in court? And do you think we will see a large increase in the amount of accidents resulting from DUI of Marijuana. Im not a lawyer or a cop, luckily there are a few on this site.

Colorado heading toward a too-stoned-to-drive standard, experts say

With pot smoking now legal in Colorado, the state is closer than ever to defining just how stoned is too stoned to drive, say legislative leaders who've seen similar proposals die again and again at the state Capitol.

Full Denver Post Article:http://www.denverpost.com/news/ci_22165300/colorado-heading-toward-too-stoned-drive-standard-experts?utm_medium=facebook

[sfrd18 360]

All I can say is, thank God I don't live in Colorado or Washington.

Edited December 12, 2012 by sfrd18

[mvfire8989 22]

Here is an article that deals with the issues surrounding testing for THC concentration in blood. It seems like there is no clear standard at this point.

http://blogs.seattleweekly.com/dailyweekly/2012/03/the_science_behind_stoned_driv.php

[INIT915 1,119]

First and foremost, I am NOT trying to start a debate, just have a few questions. Fact is, Colorado and Washington State will soon have legalized Marijuana for recreational use for those over the age of 21. My question is, how can ones level of high be measured for use in court? And do you think we will see a large increase in the amount of accidents resulting from DUI of Marijuana. Im not a lawyer or a cop, luckily there are a few on this site.

Full Denver Post Article:http://www.denverpost.com/news/ci_22165300/colorado-heading-toward-too-stoned-drive-standard-experts?utm_medium=facebook

You don't need a "hard" quantitative reading. You need to do what most other states already do. Couple accepted signs of impairment (through trained/experienced observation and standardized field sobriety testing) with qualitative lab values to provide the basis for prosecution.

Been done that way successfully all this time, these laws permitting possession won't change that fact.

And no, I don't predict a huge increase in DWI accidents. The people who might take advantage of this change in public policy are already smoking marijuana now.

[SageVigiles 1,194]

And no, I don't predict a huge increase in DWI accidents. The people who might take advantage of this change in public policy are already smoking marijuana now.

That's a good point. Though I wonder what the impact of legalization is on drug testing for employment, particularly considering the discrepancy between federal and state law regarding marijuana. Can an employer fire you for failing a drug test if the drug is legalized in that state because the drug is federally illegal?

[jack10562 414]

Employers can enforce pretty much any drug standard they want for their employees, regardless of state and federal legality of the substance.

For example, alcohol is legal, and if your employer forbids alcohol consumption or being under the influence while working, they could take whatever action they choose against someone testing positive.

Regarding companies that do have drug/alcohol policies, the rules are always spelled out and employees are informed of all employer-banned substances and the consequences of testing positive for any of those.

[INIT915 1,119]

That's a good point. Though I wonder what the impact of legalization is on drug testing for employment, particularly considering the discrepancy between federal and state law regarding marijuana. Can an employer fire you for failing a drug test if the drug is legalized in that state because the drug is federally illegal?

Employers can take action based on your nicotine use, and many now do. So, I imagine marijuana will be no different.

[crcocr1 8]

First of all, it depends on how the statute on DUI or DWI/DWAI is construed in those states. In New York, Driving while Ability Impaired by Drugs (VTL1192.4) only requires the defendant to be impaired by ANY extent by a drug and be driving at time of stop/arrest. Law enforcement often utilizes a urine or blood test to prove that a drug was in one's body at the time someone was driving. In some areas, a blood or urine test may not be needed if the person exhibits signs of intoxication by drug, the drug if found in the person's vehicle, and an expert witness can testify as to the effects manifesting itself in the person's body. This methodology may be utilized if a defendant refuses the urine/blood test and a search warrant is not obtained to seize the blood.

From an earlier post: "Though I wonder what the impact of legalization is on drug testing for employment, particularly considering the discrepancy between federal and state law regarding marijuana. Can an employer fire you for failing a drug test if the drug is legalized in that state because the drug is federally illegal?Though I wonder what the impact of legalization is on drug testing for employment, particularly considering the discrepancy between federal and state law regarding marijuana. Can an employer fire you for failing a drug test if the drug is legalized in that state because the drug is federally illegal?"

The mere fact that something is legal to use does not necessarily mean that an employer cannot ban it as a condition of employment, by law or by contract. By federal regulation, transit workers for instance cannot have more than 0.02 Blood Alcohol Content in their system and be working. Further, a private company can mandate no drug use as a condition of employment. If the potential applicant feels that this is an unfair obligation, the applicant can withdraw their application or, if they feel that they are being the victim of some discrimination, file a lawsuit (cause of action) in the appropriate court. Of course, the nature of the discrimination would have to be compellling to win such a suit/action (i.e. reasonable religious reasons, etc.).

Nothing in this post should be construed as legal advice. For legal advice, please see your local bar association.

[SRS131EMTFF 471]

The answers above regard recreational marijuana what about medical marijuana?

My questions are regarding Americans with Disabilities Act and medical marijuana. Could one file a lawsuit against an employer for unlawful dismissal for an employee who was fired for using medical marijuana?

[crcocr1 8]

Anyone can file a lawsuit. The question about medical marijuana is too fact dependent to reach any sort of fair answer. The American with Disabilities acts makes a number of reasonable accomodations depending on the job for which you are employed. If, however, being subtance free is required due to the nature of your employment (FF, PD, etc.), then a lawsuit may or may not be successful.

In sum, in my humble opinion, the question is too open ended to reach any acceptable answer.

[INIT915 1,119]

The answers above regard recreational marijuana what about medical marijuana?

My questions are regarding Americans with Disabilities Act and medical marijuana. Could one file a lawsuit against an employer for unlawful dismissal for an employee who was fired for using medical marijuana?

Good question. Under the current dichotomy between State and Federal Law, marijuana, even for medicinal purposes remains unlawful under Federal Law (see 21 USC 801, 802 and 812) and use of illegal drugs does not constitute a disability actionable under ADA protections (see 42 USC 12111) .

[jack10562 414]

This is interesting, (slightly off topic), one of the Google Advertisements seen at the bottom of this page: