As the spring legislative session begins, Colorado lawmakers will work on defining legal limits for marijuana use behind the wheel. The legislature considered a bill last year that would have made driving under the influence of marijuana a crime if a person had 5 nanograms or more of THC per milliliter of blood in their system. The House of Representatives initially approved the bill, but it lost traction in the Senate Judiciary Committee due to concerns that the 5 nanogram limit was too strict due to the lingering presence of THC after a patient who uses medicinal marijuana is sober. This is because trace amounts of THC can be found in a person's blood long after marijuana is used, and they are no longer impaired. The lack of evidence linking a specific blood content to marijuana impairment was an important factor in the bill's defeat.
In this session, legislators will consider whether driving under the influence of drugs per se (DUI per se) will be a crime. Essentially, if a specific level of THC would create the presumption that a driver was driving under the influence. This presumption could cause a driver to lose their driving privileges without the opportunity to present a defense.
Drivers who use medicinal marijuana regularly could be especially vulnerable, as they would likely have a higher amount of THC in their blood simply because they have a higher tolerance than recreational users. If the legislature settles on a small amount to target occasional users who would be impaired behind the wheel, medicinal users could be unfairly prosecuted.
It remains to be seen whether DUI per se will be ratified into law. If you have questions about how it will affect you, contact an experienced criminal defense attorney.
