This is a rush transcript from "The Five," January 25, 2013. This copy may not be in its final form and may be updated.
BOB BECKEL, CO-HOST: Back in November, the state of Colorado made it legal for anyone over 21 to smoke pot. Because of that, they've got a new problem on their hands. How to deal with people driving stoned?
Let me just throw out a couple of things here. To prove you have THC in your body, that is the active drug in marijuana, you have to take blood test, which means if they want to pull them in, they can't just drive off the side of the road and take a blood test and measured. They have to take them downtown. That's the beginning of the thing. And how are they going to know?
ERIC BOLLING, CO-HOST: And get a warrant. If you're going to do blood test, I think you have to have a warrant.
BECKEL: You do?
OK. Well, it's complicated problem. I suppose that they could -- I mean, first of all, cops have to guess that a person is stoned. I mean, my own experience, having been under the influence driving, I don't find you get over the side -- you can drive slow, real slow, which is against the law, too.
DANA PERINO, CO-HOST: I think this is irritating that this wasn't in the original bill. If they were going to pass a law that said, OK, it's going to be allowed that you can smoke pot wherever you want if you're 21, then why not in the same legislation pass something that dealt with this problem, too. Because now it's not -- it's sequential rather than consecutive. And it doesn't -- it puts law enforcement in a bad position.
ANDREA TANTAROS, CO-HOST: Maybe the people who wrote the bill were --
BOLLING: Can I point something out? We talked about this. When this law was being -- when we were talking about whether it was right or wrong, Washington and Colorado should do it, I pointed this out, I said, what about driving? What about -- this is going to be a problem. It was, don't worry about it. It's not going to be a problem.
It is a problem. I'll tell you, it's a problem for people on the street. It's a problem for anyone who has a teenager who was about to drive, who now thinks it's OK to get stoned and drive. It's not OK. You are under the influence. You may not be under the influence of alcohol, but you're under the influence of --
TANTAROS: They should treat it like alcohol, though.
BECKEL: Greg, what do you --
GREG GUTFELD, CO-HOST: Well, A, when we did discuss this, nobody said driving on pot is not a problem. You are misrepresenting the actual debate.
If you feel this way, then let's get rid of all the blood alcohol tests as well. The next logical step after legalization is establishing a threshold for impairment. This is what you do.
PERINO: But why do it afterwards? Why not do it at the same time?
GUTFELD: I don't know. I'm not a scientist. But did they do it at the same time when --
PERINO: No, but you're not a legislator.
GUTFELD: When people started drinking did they establish immediately?
PERINO: People have been drinking since beginning of time.
GUTFELD: Before they were cars. Do they have drunk horse driving?
Answer me, Dana.
TANTAROS: I just think you should just ban it the way with drinking, right? Just don't drive drunk. Don't drive stoned.
BECKEL: But you can determine drunk driving by breathalyzer.
TANTAROS: Well, because that's the issue with marijuana is -- I don't think there is a thing as little bit high. I mean, you have a drink and be slightly buzzed. With pot, obviously, it's tougher to tell. So --
GUTFELD: Make it strict. How about very low threshold?
TANTAROS: I think they just say, no smoking at all. Don't smoke and drive, period, end of story. The problem with that, though, is what if you smell like smoke? I think they're going to see a lot of lawsuits of people who say, I'm --
BOLLING: Dana and I are looking for you to help us out. We want to start a business that is a breathalyzer, instead of blood, breathalyzer for marijuana. To distinguish how much THC you have in your blood. So, if you're out there and you develop this technology, Dana and I are going to invest in your company.
PERINO: Don't call Al Gore.
TANTAROS: We're trying to figure out how many cigarettes they smoke.
BECKEL: There are prescription drugs for tranquilizers, Xanax, for example, that people take a lot of. Now, what about that?
GUTFELD: Ambien is the word.
BECKEL: Ambien (INAUDIBLE) and all that stuff which is legitimately prescribed. Now, some people abused it. A lot of people abused it. What are you going to do about them?
BOLLING: Also illegal to drive impaired.
BECKEL: Here you go.
GUTFELD: If you use -- if you use this argument with guns, we would ban guns rather than create laws that regulate illegal use of firearms.
BECKEL: There you go. You just came up with the answer.
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