Concerned regarding House Bill 2316

I am posting as a concerned citizen and a medical cannabis user who could be affected by the new DUII law that was passed in Oregon on August 15, 2023. The new law expands the definition of intoxicants to include any substance that can impair the ability of a person to operate a vehicle safely, and removes the requirement that the accusatory instrument must specify the type of intoxicant that the person was under the influence of. It also provides an affirmative defense for drivers who are not impaired by the substance they took, or who have a valid prescription for it.

I am worried that this law will violate my constitutional rights and liberties, and put me at risk of false or unfair accusations of DUII. I use cannabis legally and responsibly to treat my medical condition, and I cannot drive safely without it. However, I know that cannabis can stay in my system for days or weeks after the last use, and that there is no reliable and objective test that can measure my level of impairment from it. Therefore, I fear that I could be stopped and tested for DUII based on the subjective judgment of a police officer, and that I could be charged and convicted even if I am not impaired at the time of driving.

I also think that this law is unjust and ineffective in preventing and punishing impaired driving, as it creates a presumption of guilt and shifts the burden of proof from the state to the defendant in some cases. It also fails to distinguish between different types and levels of impairment, and treats all substances equally, regardless of their actual effects on driving ability. Moreover, it may disproportionately affect low-income people, people of color, and people with disabilities, who may not have access to adequate legal representation or medical documentation.

I believe that this law is a threat to the civil rights and civil liberties of Oregonians, and that it should be reviewed and revised to ensure that it is clear, fair, and effective. Anyone with more knowledge about this particular bill or how the justice system is working for people accused of DUII feel free to open up dialogue in the comments.