Colorado lawmakers face challenge in setting marijuana DUI limits

May 30, 2013 (Press-News.org) Colorado lawmakers face challenge in setting marijuana DUI limits

Article provided by James L. Finegan, P.C.
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Many people have hailed Colorado's recent legalization of marijuana as an important step to the larger development of a sensible drug policy. While this may be true, the legalization of the drug is requiring Colorado lawmakers to address some new questions. Unfortunately, coming up with answers is proving to be more difficult than expected.

One issue that some lawmakers are attempting to tackle currently is setting a limit for how much THC - the psychoactive ingredient in marijuana - can be in a person's bloodstream before he is considered to be impaired under the law. If the amount of THC in a person's bloodstream exceeds the legal limit, then police can charge him with DUI.

Recently, senators in the Colorado legislature rejected a bill that would have made it illegal for someone to get behind the wheel with a blood THC concentration of five nanograms per milliliter or higher. The reason the bill did not pass was mainly a lack of information: several lawmakers expressed ignorance about how a person's body processes THC and questioned whether a blood test would yield accurate results. Other lawmakers argued that charges for driving under the influence of marijuana should be based upon observation of suspects by experienced, trained law enforcement personnel.

Supporters of the blood test standard include Governor John Hickenlooper, who pointed out that Washington - the only other state to legalize marijuana for recreational use - recently adopted the same five nanogram standard proposed in Colorado. Lawmakers have also argued that setting a THC limit is an essential part of establishing a comprehensive regulatory scheme for marijuana. Opposition remains, however, and it does not appear that lawmakers will pass a bill before the end of the current legislative session.

There is little question that driving while under the influence of marijuana is dangerous. In fact, Colorado legislators have long struggled to pass a bill setting limits for drivers under the influence of the drug. Though coming up with an effective, fair way to measure the amount of THC in a person's body may be difficult, many Colorado lawmakers regard it as necessary now that marijuana is legal in the state. Senator Steve King, the sponsor of the rejected bill, cited statistics showing that fatal car accidents involving marijuana have gone up 50 percent since legalization. Even if lawmakers fail to agree on a solution this legislative session, more proposals are likely to come in the future.