New Colorado Bill Could Set THC Impairment Levels for DUID

March 22, 2012

Colorado law prohibits drivers from operating vehicles while under the influence of marijuana. Currently, however, the law does not specify a specific level of THC, the psychoactive chemical in marijuana, that needs to be present in the body before a person is guilty of driving under the influence of drugs -- known as DUID. By contrast, in the context of drunk driving, a person with a blood alcohol content or BAC of .08 or above is guilty of DUI "per se," legally speaking, once a person drives with a BAC of .08 or higher they are automatically guilty of DUI, regardless of impairment.

A new bill in the Colorado Senate seeks to change current law and set a threshold level of THC in drivers' bodies as the standard for determining intoxication. Introduced by Sen. Steve King, R-Grand Junction, the bill would set impairment levels, in the context of driving, at 5 nanograms of THC or higher per milliliter of blood.

Colorado is not the first state to set, or attempt to set, THC impairment levels. Twelve states use a zero-tolerance approach, where any level of THC is considered impairment; Ohio and Nevada set impairment at 2 nanograms of THC per milliliter of blood; and, Pennsylvania uses 5 nanograms per milliliter of blood, but only as a guideline from the Health Department that can be introduced into court during DUID cases.

Does the Bill Set Impairment Too Low?

While many people and groups, including marijuana activists, believe driving while under the influence of drugs should be illegal, some disagree as to whether THC levels are directly linked to impairment.

An article in the Summit Daily quotes Michael Elliott of the Medical Marijuana Industry Group as saying the bill's proposed limit of 5 nanograms "is not supported by science." Further, the article quotes activists as saying that people who regularly use marijuana will gradually build up THC levels in their bodies.

Using marijuana for medicinal purposes is legal in Colorado, and, if passed, the 5 nanogram level for intoxication could expose many drivers to DUID charges. If you have been arrested for suspected DUID, speak with an experienced Colorado criminal defense attorney.

Article provided by Anaya, Foley & McKedy, P.C.
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