Pubdate: Tue, 15 Jan 2002
Source: Associated Press (Wire)
Copyright: 2002 Associated Press
Author: David Kravets (AP)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

IDAHO OKS MARIJUANA WITH DRIVING

In Idaho, you can drive high as long as you can drive straight.

Marijuana users can drive legally in the state as long as their 
driving isn't erratic and they can pass a field sobriety test, a 
federal appeals court ruled Monday. The three-judge panel of the San 
Francisco-based 9th U.S. Circuit Court of Appeals wrote that while it 
is illegal to drive under the influence of alcohol or narcotics, 
Idaho law doesn't list marijuana as a narcotic.

The ruling overturned an impaired driving conviction against Matthew 
Patzer, 21, who was stopped for a broken tailgate light in 1998 and 
admitted to police he'd smoked marijuana at a party. The appeals 
court said Patzer could not automatically be presumed impaired; he 
wasn't driving erratically and passed two field sobriety tests.

"Given the distinction drawn by the statute, there is no basis to 
conclude that impairment may be presumed upon admission of use of a 
non-narcotic drug," the appeals court wrote.

Assistant U.S. Attorney Michael J. Fica in Idaho said the government 
may ask the court to review its decision or request that the U.S. 
Supreme Court hear the case.

Idaho Senate Judiciary Chairman Denton Darrington said he had assumed 
marijuana was a narcotic under state law, and that the statute might 
need to be reviewed. But he questioned whether Monday's decision 
would hold up on appeal.

The circuit's decision also reverses Patzer's illegal weapons convictions.

In his Chevrolet Blazer, police found four illegal homemade grenades, 
a sawed-off shotgun and a modified rifle with a homemade silencer. 
But the court said that because of his unlawful arrest, the search of 
his vehicle was illegal.

The case is United States v. Patzer, 00-30360.
- ---
MAP posted-by: Josh