DUI marijuana standard one step closer to Colorado law

Most people understand the laws regarding drunk driving. Such laws have been on the books for some time; not to mention, most can wrap their brains around the fact that driving while drunk is dangerous. Drunk driving laws for the most part seem logical to drivers, even if DUI accusations are sometimes falsely made.

With the recent vote to legalize marijuana in Colorado, lawmakers and traffic safety enthusiasts have been pushing to get laws on the books that set a standard for driving under the influence of marijuana. Multiple attempts to set a THC limit for drivers have failed in the past. As of this week, however, advocates for THC limits can celebrate a little victory.

Colorado’s House Judiciary Committee unanimously approved a proposal to set a THC limit of 5 nanograms per milliliter for Colorado drivers. (Essentially, the set limit would provide a standard for law enforcement to act upon, just like a BAC limit of 0.08 and above in drunk driving cases.)

But, according to the DUI marijuana law critics, marijuana and alcohol are not the same. They do not have the same effect on users. Setting strict THC limits, critics argue, puts those who consistently use marijuana for medical reasons at risk of facing DUI charges when the 5 nanogram limit doesn’t leave them impaired. Basically, opponents of the proposal don’t think that there is enough solid science to back up the 5 nanogram limit.

The DUI marijuana bill still has various hurdles to get over before it potentially would become law. We will post an update when there is a development in this matter. Until then, what is your opinion about marijuana use and driving? Will the legalization of marijuana in Colorado make the roads less safe? Should a specific DUI marijuana law be enacted? If so, what would be a reasonable law?

Source: The Associated Press, “Driving stoned bill clears 1st hurdle in Colorado,” Kristen Wyatt, Feb. 27, 2013

About Eric Anaya

Criminal Defense Attorney Eric S. AnyaEric Anaya has been practicing criminal law for over a decade. While attending law school, Eric was appointed to the University of New Mexico’s Board of Regents by the Governor of New Mexico. Eric decided to move to Colorado to accept a position in the El Paso County District Attorney’s Office. He prosecuted hundreds of cases in County Court, but quickly was promoted to prosecute felonies. Eric made the conscious decision to change his practice and his life to defending those wrongly accused. Eric has successfully handled hundreds of cases.

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2018-11-05T12:04:27-07:00March 1st, 2013|AAA, DUI|