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AR SB130

Bill

Status

Failed

5/1/2017

Primary Sponsor

Gary Stubblefield

Click for details

Origin

Senate

91st General Assembly (2017 Regular)

AI Summary

SB130 Summary

  • Establishes THC concentration of five nanograms (5 ng) or more in a person's blood as presumptive evidence of intoxication for driving or boating while under the influence of marijuana, known as "Sebastian's Law"

  • Adds THC concentration violations to negligent homicide charges (§ 5-10-105), battery in the second degree charges (§ 5-13-202), and driving/boating while intoxicated offenses (§ 5-65-103)

  • Defines "THC concentration" as grams of delta-9-tetrahydrocannabinol per milliliter of blood and requires chemical tests to be performed according to methods approved by the Department of Health and State Board of Health

  • Establishes license suspension and revocation periods for THC-related offenses: six months for first offense, twenty-four months for second offense within five years, thirty months for third offense within five years, and four-year revocation for fourth or subsequent offenses

  • Requires law enforcement officers to advise arrested persons that their driving privilege will be revoked if chemical test results show THC concentration of five nanograms (5 ng) or more, and establishes hearing procedures before the Office of Driver Services to determine validity of arrests and test results

Legislative Description

Concerning The Omnibus Dwi Or Bwi Act; Concerning Operation Of A Motor Vehicle Or Boat Under The Influence Of Marijuana; And Establishing A Presumptive Level Of Intoxication Due To Marijuana In A Person's Bodily Fluids.

Last Action

Sine Die adjournment

5/1/2017

Committee Referrals

Judiciary1/17/2017

Full Bill Text

No bill text available