Sunday, October 7, 2012

Anyone too stoned to do something shouldn't do it--Measure 80 part 26

  We're almost done with the entire text of Measure 80.  This section states that evidence of cannabis impairment are to be considered grounds to presume negligence:

474.215 Presumption of negligence. In civil cases, a rebuttable presumption of negligence shall arise upon clear and convincing evidence that a person is found to be impaired by cannabis at the time of an accident and if the person’s actions materially contributed to the cause of injury.

What it boils down to:  Anyone who gets too high to do something but then does it anyway can be held responsible for their actions in a court of law, and if it can be proven that someone was impaired by cannabis at the time of an accident, then that person will be presumed negligent and have to prove him or herself otherwise.

Luckily the Measure provides funding for research into scientifically determining reliable standards for demonstrating cannabis impairment, so that law enforcement will have a reliable standard and patients can be protected from wrongful prosecution.

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