Bill Summary for Bill Number SB12-117

Date: 05/03/2012

Final
BILL SUMMARY for SB12-117

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.016 (Attachment L). The Refer Senate Bill 12-117 to the Committee on Appro	FAIL PASS

02:12 PM -- Senate Bill 12-117

The committee recessed.

02:21 PM

The committee came back to order.

02:22 PM

Representatives Fields and Waller, sponsors, presented Senate Bill 12-117 concerning the penalties for persons who drive while under the influence of alcohol or drugs. Current law specifies that a driver whose blood alcohol content (BAC) is 0.08 or greater while driving or within two hours of driving can be charged with DUI per se in addition to DUI. There is no corresponding DUI per se charge for drivers accused of driving while under the influence of drugs. The reengrossed bill expands the definition of DUI per se to apply to drivers whose blood contains five nanograms or more of delta 9-tetrahydrocannabinol (THC) per milliliter in whole blood while driving or within two hours of driving.

The bill also repeals the law specifying that it is a misdemeanor for a habitual user of any controlled substance to drive a motor vehicle or low-power scooter. Other references to charges of "habitual user" are also repealed.

Representative Waller explained the bill and why he believes it is necessary. He distributed a number of charts illustrating incidents of individuals driving under the influence of drugs (Attachment D). Representative Fields spoke about the dangers of driving while under the influence of marijuana. She walked the committee through the charts. Representatives Waller and Fields responded to questions from the committee.

02:36 PM -- Sarah Urfer, representing Chematox, testified about the bill. Ms. Urfer discussed issues related to toxicology and impairment.

02:41 PM -- Cynthia Burbach, representing the Colorado Department of Public Health and Environment, testified about the bill. Ms. Burbach stated that the current peer-reviewed literature on impairment in chronic users of marijuana shows that five nanograms is an appropriate level.

02:46 PM

Ms. Urfer and Ms. Burbach responded to questions from the committee.

02:47 PM -- Tom Raynes, representing the Colorado District Attorneys' Council, and Michael Dougherty, representing the Colorado Attorney General's Office, testified in support of the bill.

02:59 PM -- Sheriff Doug Darr, representing the County Sheriffs of Colorado and the Colorado Association of Chiefs of Police, testified in support of the bill. Sheriff Darr spoke about rising numbers of incidents of drug-related traffic accidents in the United States. He responded to questions from the committee.

03:05 PM -- Laura Spicer, representing herself, testified in support of the bill. Ms. Spicer spoke about the impact to families of individuals who drive under the influence of marijuana. She expressed her opinion that all drivers should be responsible and accountable and that five nanograms is a reasonable level.

03:09 PM -- Michael Elliott, representing himself, testified in opposition to the bill. Mr. Elliott expressed his opinion that the bill unfairly and unnecessarily criminalizes Colorado citizens. He distributed a summary of the findings of a workgroup studying driving under the influence of drugs, of which he was a member (Attachment E). He discussed the information contained in the summary. He stated that the five-nanogram standard is not supported by the science. He responded to questions from the committee and entered a medical marijuana poster into the official record (Attachment F).

03:28 PM -- Mark Belkin, representing the United Food and Commercial Workers' Union-Local 7, testified in opposition to the bill. Mr. Belkin expressed his opinion that the bill throws out too wide a net and that the science does not support the adoption of a five-nanogram limit. He stated that the bill will result in grotesque, unnecessary, costly, and intrusive blood draws. He indicated that the bill will have a chilling effect on medical marijuana users and on those who work in the medical marijuana industry.

03:35 PM -- Josh Kappel, representing Sensible Colorado, testified in opposition to the bill. Mr. Kappel stated that this is a public safety issue, but that the bill does not allow individuals to prove in court that they are not impaired. He expressed his opinion that the bill should exempt medical marijuana patients. He responded to questions from the committee.

03:48 PM -- James McVaney, representing himself, testified in opposition to the bill. Mr. McVaney asked why the schedule I and II drugs were removed from the bill if it is about public safety. Representative Waller responded to Mr. McVaney.

03:53 PM -- Robert Chase, representing the Colorado Coalition for Patients and Caregivers, testified against the bill. Mr. Chase stated that there is a technical error on page 3 regarding aerosol and vapors and that the Colorado Drug Task Force agreed to not bring the bill. He expressed his opinion that there is no evidence of danger from drugged driving.

03:58 PM -- William Chengelis, representing the United States Marijuana Party, testified in opposition to the bill. He stated that he is a Vietnam veteran and has been using marijuana since November 23, 1963. Mr. Chengelis indicated that he is under the influence of marijuana at all times and it has not caused any problems in his life.

04:00 PM -- Jessica LeRoux, representing herself, testified in opposition to the bill. She stated that the bill will require her to have her blood forcibly drawn if a police officer decides that he or she has probable cause because Ms. LeRoux is on the medical marijuana registry. Ms. LeRoux indicated that she is responsible and hard-working and expressed her opinion that the state does not currently have a laboratory that can conclusively determine the difference between active and inactive THC.

04:05 PM -- Kris Custer, representing iCannabisradio.com, testified in opposition to the bill. He described why he uses medical marijuana.

04:08 PM -- Shan Moore, representing his son who is a medical marijuana patient and a Colorado driver, testified in opposition the bill. Mr. Moore stated that his son uses edible marijuana products. He expressed his opinion that edible products test with high THC levels days after use without the psychoactive effect.

04:10 PM -- Mark Slaugh, representing the Colorado Springs Medical Cannabis Council, testified in opposition to the bill. Mr. Slaugh stated that police officers currently check drivers' medical marijuana registry cards at traffic stops. He expressed his opinion that the science shows that the limit in the bill is too low and needs to be set in double digits instead of at five nanograms. Representative Lee asked if he could support the bill if there was an exemption for cardholders. Mr. Slaugh responded that it depends. He said the limit needs to be higher but he might be aggreeable to an exemption.

04:15 PM -- Gay Ann Ost, representing herself, testified in opposition to the bill. Ms. Ost discussed a certain prescription drug used by patients with multiple sclerosis that tests the same as marijuana, which could cause problems for patients using this prescription drug who are stopped by law enforcement officers. Ms. Ost stated that the National Highway Safety Administration tests are validated for alcohol, not marijuana.

04:19 PM -- Miguel Lopez, representing the Denver 420 Rally, testified in opposition to the bill.

04:23 PM -- James Clark, representing himself, testified in opposition to the bill.

04:24 PM -- Lucrea Patton, representing herself and the members of the Denver 420 Rally, testified in opposition to the bill. Ms. Patton stated that she is opposed to the bill because it discriminates against medical marijuana patients and that proponents of the bill continue to contradict themselves.

04:28 PM -- Travis Simpson, representing himself as an attorney, testified in opposition to the bill. Mr. Simpson distributed two news articles and a letter from Robert Corry, Jr. (Attachments G, H, and I).

04:31 PM -- Ty Link, representing herself, testified in opposition to the bill.

04:34 PM -- Allan Bumgartner, representing himself, testified in opposition to the bill. Mr. Bumgartner discussed THC-detection methods and the probability of false positives.

04:38 PM -- Robert J. Corry, Jr., representing himself, testified in opposition to the bill. Mr. Corry stated no other medicine is treated the way this bill treats marijuana and that marijuana is regulated as a medicine in Colorado. He responded to questions from Representative Lee and expressed his opinion that the science regarding impairment is unclear. He stated that marijuana is not like alcohol in regards to impairment and that it should be judged on a case-by-case basis.

04:42 PM -- Chris Halsor, representing the Colorado District Attorneys' Council, testified in support of the bill. Mr. Halsor spoke about the science of impairment and about fatal traffic accidents and distributed two publications from the National Highway Traffic Safety Administration (Attachments J and K). He responded to questions from the committee.

04:55 PM -- Justin Warman, representing himself, testified in opposition to the bill. Mr. Warman spoke about the science of drug testing. He responded to questions from the committee.

05:03 PM -- Teri Robnett, representing herself, testified in opposition to the bill. Ms. Robnett spoke about her experience as a medical marijuana patient. She expressed concern that the bill criminalizes her for doing what her doctor told her to do.

05:08 PM -- Phillip Barton, representing himself, testified in opposition to the bill. Mr. Barton expressed concern that he has no way of knowing how many nanograms of THC he has in his blood at any given time. He encouraged the proper labeling of medical marijuana products.


BILL:	SB12-117
TIME:	05:16:57 PM
MOVED:	Lee
MOTION:	Adopt prepared amendment L.016 (Attachment L). The motion failed on a vote of 4-7.
SECONDED:	Kagan
		VOTE
	Baumgardner	No
	DelGrosso	No
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	No
	Pabon	Yes
	Ryden	No
	Sonnenberg	No
	Waller	No
	Gardner B.	No

YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB12-117
TIME:	05:40:03 PM
MOVED:	Waller
MOTION:	Refer Senate Bill 12-117 to the Committee on Appropriations. Members of the committee commented extensively about their positions on the bill. The motion passed on a vote of 6-5.
SECONDED:	Gardner B.
		VOTE
	Baumgardner	Yes
	DelGrosso	Yes
	Duran	No
	Kagan	No
	Lee	No
	Nikkel	No
	Pabon	Yes
	Ryden	No
	Sonnenberg	Yes
	Waller	Yes
	Gardner B.	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS