Critics argue that marijuana DUI bill is unfair

HELENA – Montanans who legally use marijuana as medicine are protesting a bill that would ask them to submit to bloods tests if police suspect them of driving under the drug's influence.

Senate Bill 212, sponsored by Sen. Verdell Jackson, R-Kalispell, would allow police officers to confiscate a suspect's medical marijuana permit if they do not comply with testing. State health officials could then decide if a permanent revocation is necessary.

The bill also would create a legal limit for THC, the active ingredient in marijuana, much like the blood-alcohol limit for driving under the influence of alcohol.

Rebecca Sturdevant told the Senate Judiciary Committee Tuesday that she supported the bill because it would help keep drivers safe. “People should not drive on our highways under the influence of any drug that causes impairment,” she said.

But the bill's critics said that while they, too, worry about driver safety, singling out medical marijuana patients is unfair and would deny patients access to their medication.

“We’re identifying people on the basis of a condition,” said Chris Lindsey, a Helena defense attorney. “On the spot, you lose your card.”

Lindsey said the bill is unfair in that other drivers suspected of driving under the influence of marijuana would not be asked for blood tests because they are not registered as patients.

Jessica Williams, a nurse from Helena, said a positive test for THC doesn't necessarily prove someone was driving impaired because the drug can remain in the bloodstream for as much as 48 hours after someone uses it.

"We are not looking at marijuana as a vice, we are looking at it as a medication,” Williams said.

Eric Billings, who said he uses marijuana for pain associated with HIV/AIDS, told lawmakers he appreciated the opportunity to use marijuana as medication and would not jeopardize his certification. “I am offended by it,” Billings said of SB212.

Committee members asked Jackson and Sturdevant about allowing police to confiscate a suspect's driver’s license instead of the medical marijuana certification card. Jackson said he thought it could be a possible amendment to the bill.

In 2004, Montanans voted overwhelmingly to allowing certain patients with specific medical conditions to use marijuana under medical supervision.

- by CNS correspondent Molly Priddy