COP on the Hill: Stories from the week of September 13, 2019

COP on the Hill

Stories from the week of September 13, 2019

DUIM as an Issue: there was another hearing on the topic (not problem per se) of DUI Marijuana. The panel of PHD researchers gave the Members their best information. Of course, there were no police officers on the panel to explain how it works in the “real world.” After the hearing I provided all Members my how-to sheet of how to detect, test, arrest and successfully prosecute. (see below)

Me thinks the Members simply want to ‘check the box’ that they discussed the issue vs. actually learn if there is a problem and how it can be effectively handled.

If they are talking about you, you must be doing something right: Nickel and Dime– On Saturday I dined at my favorite restaurant. As I walked to the restroom, a young woman at a table of four read out loud my “Cops Say Legalize Heroin – Ask Me Why”. No, no one at the table asked me why, as I passed the their table on the way back. However, there is little doubt, that table had a small chat, started by the shirt…and this happens, BTW, all the time.

The Crime Report is a national, work-day summary of criminal justice news. Once again (like the House Committee) they reported on the issue of DUIM. And they included my rebuttal report. Recall nine months ago, the publication asked for, received and published my 600 word opinion on the topic. It feels good to contribute. It is included in the URL.

https://thecrimereport.org/2019/09/06/scientists-developing-breath-test-for-marijuana/
See Also: Marijuana and Driving: A Cop’s Perspective, by Howard Wooldridge, The Crime Report, Jan 17, 2019.

The Swamp is killing me (or at least my spirit): Not whining, just stating the facts… I leave on the 17th for an extended (5 week) mental health break; 10 days with my German family, 10 days in Switzerland mostly to admire the mountains {one meeting with Swiss Health Ministry} and 10 days in southern France to drink too much wine. The next Stories will be for October 25 to report on the results of my meeting in Bern.

This week’s stats:

3252 Presentations to Congressional staffers… 07 this week
379 chats with other elected officials, state reps, senators, VIPs, etc. 03 this week (three candidates for Congress)
01 Meeting – Grover Norquist,

COP stats since inception: August 2009

313 personal chats with a Member of Congress… 0 this week (CMan Trone, D-MD)
85 Radio Interviews.. 0 this week
164 interviews and reports in minor media = 0 this week
102 Appearances/Interviews on major TV/Radio/Print media. 0 This week
Blaze TV {new, popular right-wing}, (Fox, ABC, CBS, NBC, Univision, BBC, CNN, NPR, German, Swiss, French, Spanish TV and radio) Detroit News, Detroit Free Press, Grand Rapids Press + 9 other MI papers. Chicago Tribute, Honolulu Star Advertiser {foto and caption}, Reason Magazine, Reuters
31 major conferences attended – (UN drug conference, CPAC, LULAC, NRA, CBC, ASA, DPA, Dem & Repub. Presidential conventions., National Review, Republican Annual Retreat etc.) 0 this week
Weekly attendance at Grover Norquist’s Wednesday brunch attended by 150 conservative leaders. Named the “Grand Central Station of the Conservative Movement.”
* 2 editorials in daily papers mentioning Howard’s efforts & in support of COP position
84 published letters to the editor (value per MAPINC in free publicity: $83,000) 0 this week
43 published interviews/foto in major (daily) newspapers or magazine… 0 this week
* Consider being a member of COP at $40.00 or more per year. All contributions are tax-deductible. 40 dollars buys all the copy paper COP uses in one year. Law Enforcement’s voice in opposition to current policy is vital on the Hill to achieve a repeal of federal drug prohibition. COP provides that voice. www.citizensopposingprohibition.org

DUI of Marijuana Arrest Procedures (or any non-alcohol, intoxicating drug (pain killers)

Overview: Based on the street experience of the author (400 arrests for DUI or DUID), arresting anyone for non-alcohol related DUI follows closely the same procedures as alcohol-related DUI. The three (3) differences are that on the side of the road, there is no instrument-based test to determine the level of intoxication. The second difference is that blood should be drawn before the arrestee is put in jail. The third is the results of the blood test are not known, until after the arrestee has been released. Regardless of the court outcome, public safety is served.

Steps:

1. Officer observes bad driving or responds to an accident.
2. Officer conducts a field interview (questions and observations) of the driver to determine sobriety.
3. If sobriety is in question, officer has subject perform physical & mental tests.

A. NOTE: In some states, a DRE (drug recognition expert) will also run the suspect through a series of physiological (pulse rate, nystagmus) and performance tests. A DRE is advantageous but not necessary.

4. If tests indicate intoxication above the legal standard and alcohol is not detected, the subject is arrested and read their rights for a chemical test.
5. The officer requests the arrestee submit to a blood test, as breath would be useless.
6. The arrestee is taken to a medical facility and blood is drawn. Arrestee is taken to jail. Formal charge is DUI of Drugs. The blood is taken to a lab. NOTE: if arrestee declines to take the test, a search warrant is obtained and blood is drawn with or without their cooperation.
7. X Days later the results from the lab are sent to the prosecutor’s office. The prosecutor would then issue a complaint and warrant for DUI of Drugs, if the facts warrant such.

A. NOTE: Pennsylvania used to have a 5ng/ml THC/blood standard for DUI but in 2011 amended it to 1ng/ml. Some states set the level at any detectable level = per se law (Michigan) or 2ng/ml (Ohio, Nevada). Colorado and Washington are now 5 ng/ml.

8. If a trial takes place, the prosecution uses the following elements to demonstrate guilt to the jury: driving, field interview and the presence of marijuana in the blood (or other intoxicating drugs—note most common in my experience was prescription pain killers).

9. Generally speaking the punishment for DUI alcohol and DUI marijuana is the same.

10. Whereas the federal government has set a national standard of 0.08% for alcohol DUI (in order to receive highway funds), it has not set a standard for marijuana or any other intoxicating drug (cocaine, heroin, Oxicodone, Vicodin, etc)

Howard
Detective Officer Howard ‘Cowboy’ Wooldridge, Retired

Founder & Drug Policy Specialist of COP Citizens Opposing Prohibition