Law New Jersey

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"Critics of the recently introduced bill say it would not only give police more power that would likely be wielded disproportionately against people of color"

Personally, I couldn't give a shit about the inevitable playing of the race card.

"Bauchner pointed to a report from the National Library of Medicine that he says debunks the suggested method for testing laid out in the bill. "

I do care about this....^^.....and believe it to be the relevant issue.


New Jersey Bill Would Force Drivers Suspected Of Being High On Marijuana To Provide A Blood Sample To Police


“These piecemeal approaches are only going to cause a lot of victimization, frankly, for those who are falsely accused.”


By Sophie Nieto-Munoz, New Jersey Monitor


Cannabis experts are concerned about a lawmaker’s attempt to require motorists suspected of driving under the influence of marijuana to provide a blood sample to police.

Study finds cannabis increases productivity when working out

Critics of the recently introduced bill say it would not only give police more power that would likely be wielded disproportionately against people of color, but they also argue the testing methods called for in the bill don’t even work.

Joshua Bachner, a cannabis attorney at law firm Mandelbaum Barrett, criticized the move as an example of government overreach.

“The state should develop—and there’s many of us in the state happy to coordinate with them—a comprehensive, reliable method for determining impairment,” he said. “But these piecemeal approaches are only going to cause a lot of victimization, frankly, for those who are falsely accused.”

Under current law, anyone in New Jersey who drives is consenting to provide a breath sample if police believe they are driving drunk—it’s called “implied consent.” The new bill would expand that to include a blood test and apply to any narcotic, hallucinogenic or other drug. Someone would be deemed under the influence of marijuana if they test positive for 3 nanograms or more of THC—the chemical that gets cannabis users high.

The push to expand implied consent laws to apply to drivers suspected of marijuana use comes two years after New Jersey’s recreational marijuana market launched, and as legal cannabis becomes more prevalent nationwide.

The National Highway Traffic Safety Administration called the growing issue of drug-impaired driving a “major highway safety issue.” From 2007 to 2014, there was a 48 percent increase in drivers testing positive for THC, according to a NHTSA study.

Bill sponsor Sen. Shirley Turner (D-Mercer) did not respond to a request for comment. Turner introduced a similar bill in the last legislative session but it never reached a committee vote.

Bauchner pointed to a report from the National Library of Medicine that he says debunks the suggested method for testing laid out in the bill. The study also says people’s response to amounts of cannabis can change depending on their tolerance.

The handful of states with marijuana-impaired driving limits allow for varying ranges of THC amounts in a driver’s system. Nevada and Ohio allow for 2 nanograms, while Illinois and Washington allow for 5 nanograms. According to the National Conference of State Legislatures, there is no national standard for drugged driving, unlike the nationally recognized alcohol impairment level of .08 blood alcohol concentration. New Jersey currently has no THC limit in place for drivers.

There’s no proven way to test whether someone is high from marijuana at the moment. Unlike alcohol, which breaks down in someone’s bloodstream over hours, cannabis can remain in someone’s system for over 45 days. Bauchner said that’s another problem with the bill.

“This isn’t based on science, this is based on guesswork,” he said.

Alex Shalom, an attorney with the American Civil Liberties Union of New Jersey, said it’s fair for the state to look for new ways to tackle impaired driving, but he echoed worries that the bill could result in people who are not impaired being arrested. He also wondered whether there is established science to determine when someone is impaired by cannabis.

“We need a process where we rigorously figure out what the right level is to determine if people are impaired, and I’m not sure we’ve done that yet in New Jersey,” he said.

One of Shalom’s largest concerns about the bill is that police could improperly force drivers to provide a blood sample without a warrant. He noted that cops can, under current law, seek a warrant for a blood sample, meaning there is judicial oversight involved.

 

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NJ Cannabis patients demand action as Recreational market thrives​

New Jersey’s cannabis market is charging customers less and bringing in more revenue, but frustrated medical patients feel like they’re being left behind.​

Cannabis is predicted to be a billion dollar industry this year, and initial sales have been brisk, according to Cannabis Regulatory Commission executive director Jeff Brown. Sales increased by 35% in January and 42% in February compared to last year.


At the same time, adult use prices have dropped by nearly $2 per gram to $12.22 and medical prices have dropped by nearly $1 to 10.48 per gram.


But at a string of protests at the Statehouse and emotional testimony at the most recent Cannabis Regulatory Commission meeting, medical patients said they are frustrated that state law prohibits them from growing their own. Senate President Nicholas Scutari, D-Union, has thus far declined to push for ending the ban.


In addition, medical patients say they are not getting enough access to the market amid complaints about poor quality such as moldy weed — conditions that have prompted the commission to fine large cannabis companies. They want the commission to do more in when it comes to testing protocols for the product.


“You regulate our quality of life and our chances of survival, I just ask that you prioritize accordingly,” medical patient Andrea Raible told the commission at its monthly meeting Wednesday.


CRC commissioner Charles Barker tried to push through a last minute motion that would put in place stricter testing standards. It fell short after Brown said his staff was close to making formal recommendations for stricter testing that could include reducing the batch size of cannabis tested to potentially catch more contaminants.


“Our regulatory officer, our legal team, have been talking to laboratories, getting their feedback on draft proposals for our own guidance,” Brown said. “I would anticipate that said guidance includes a reduction in batch size. We’re very close to being able to issue that.”


Brown stopped short of saying recommendations would be available to the public next month, but indicated the commission would have additional information.


The commission used to have stricter standards on how frequently batches of cannabis needed to be tested when the market was purely medical.


In 2022, standards were loosened to allow more product to get to dispensaries and meet consumer demand for the adult-use market.


Some companies contend that going back to stricter standards would increase how much they would have to pay for testing and therefore increase weed prices, which could also affect patients. Those supporting stricter standards note that they are applied in other states that have lower weed prices than New Jersey.


The commission has taken some measures to increase access such as digitizing medical identification cards and plans to hold medical registration fairs around the state.


Meanwhile, the medical patient enrollment in New Jersey has been declining, which is a normal trend when cannabis markets open up to adult use.


Unlike New Jersey, most states that have legalized adult use weed sales allow home grow, especially for medical patients seeking an alternative to corporate cannabis.


The CRC’s chair, Dianna Houenou, along with other commissioners, said they wanted to hear more from Brown before making a decision on policy change. Barker disagreed.


“The same stakeholders that we just mentioned have come before us and told us repeatedly that it’s not working,” Barker said. “To say that this is rushed. To say that this is inappropriate, I find that very hard to reconcile with the stories that we hear month after month. People are crying to us.”