The Colorado House of Representatives recently passed a bill that presumes anyone driving with a blood content of five nanograms per milliliter of THC to be under the influence.THC is the active ingredient in medical marijuana.
The bill is now going to the state Senate for debate.
Driving under the influence of drugs is already illegal in all states. However, individual states approach the enforcement of DUIs differently. Of the 16 states that allow medical marijuana, some have a two-nanogram limit, others a five-nanogram limit and still others have no threshold at all. Colorado currently has no limit on how much THC a driver must have in his or her blood to be considered under the influence.
Of the states that do not allow medical marijuana, 12 have a zero-tolerance policy, meaning any trace elements of illegal drugs in a person's system carries a presumption the user is under the influence.
THC Level in Blood Not the Only Factor in Establishing a DUI for Marijuana
While any driver over the limit of the THC level proposed by the House would be presumed under the influence, the driver can still argue his or her case to establish sobriety. This is unlike alcohol, where anyone over a .08 blood alcohol level is automatically legally under the influence. Rather, a marijuana DUI case will still look at a variety of factors, such as the driver's behavior and the reason for the stop, before being convicted of a DUI. One of the reasons for less strict enforcement is that THC levels in the blood tend to fluctuate more than alcohol.
Controversy Surrounding Threshold Level
A few marijuana advocates are concerned with the threshold level. A chronic smoker of marijuana, such as a medical marijuana user, may have a high tolerance for the drug and have THC in their blood at higher levels while still being sober.
Others say the five-nanogram limit is too high. The Colorado Department of Health estimates that as many as 90 percent of drivers with THC in their blood will fall under the threshold.
If you have been charged with a DUI, consult with a defense attorney to help you understand your rights.
