Law & Politics

Title: Aldon Smith Arrested for DUI, Possession, Source:http://sports.cbsimg.net/images/blogs/Aldonmug2.png

Aldon Smith, the one-man sack factory linebacker from the San Francisco 49ers was arrested last Friday (Sept 20th) morning on suspicion of a DUI. Smith crashed his car into a tree and appeared to be asleep at the wheel with his foot still on the gas, he created quite a pile of rubber from spinning his tires. Fortunately, the only victims in this accident were the tree, Smith’s car, and which ever poor sap has to scrub that rubber off the pavement. No injuries were reported and, as of now, Smith is out on bail and preparing for Sunday’s game against the Colts.

Some details: cops on the scene said that Smith blew a .15 BAC and that pills and marijuana were also found in the car. This incident is clearly laid at Smith’s feet, assuming the facts we are hearing are true. He had no business getting behind the wheel after becoming intoxicated on anything at all. I do not write this piece to vindicate Smith’s behavior. There are ongoing debates on the dangers of driving while stoned on cannabis.

While no one is saying that smoking pot and driving should be hand-in-glove partners, one such study suggests that, depending on tolerance, you would need to have about 5x the legal THC blood volume or greater to show enough impairment to be pulled over. Even when the drivers in the study were very stoned, the symptoms were some confusion about where they were going and some unusually slow driving. Again, I’m not declaring stoned driving a smart or safe idea. But let’s just compare this to alcohol (which Smith had consumed and registered only 2x the legal BAC). At twice the legal limit, he crashed his car and passed out still accelerating. Luckily no one was hurt, but that’s just a sheer stroke of fortune.

The kicker here is that of the three substances Smith had either consumed or had in his car (booze, pills, and cannabis) it is likely the pot that will cause him the most legal trouble. And considering the archaic stance on cannabis the NFL seems interested in maintaining, he may be in more hot water with the league. If the laws were balanced with common sense and scientific inquiry, cannabis would be legal. Professional football players take more damage to their bodies than most and it’s only natural for them to seek pain relief. Smith can legally drink himself stupid, or get doctor prescribed pills that can render a person equally dangerous and disconnected. But he can’t smoke a bowl (easily the safer alternative to drinking and pills) to ease his aches or unwind.

I want to state one more time that I do not condone impaired driving. But, in this instance with Aldon Smith, if he had just gotten stoned and attempted to drive, it’s likely more likely that he would have been pulled over for going 4 mph with his blinker on trying to find a Carl’s Jr. No, he probably shouldn’t be on the road like that, either, but I think it’s a safe assumption that any damages incurred would be much less severe than with fully legal pills/alcohol.