Smokers of newly legal recreational marijuana will need to be careful of new driving limits that will take effect in Weld County in the near future. Implementing the bill will be a challenge, however, because lawmakers are now trying to find a way to accurately measure marijuana consumption. It is not measured accurately by the same means police officers in Greeley, Berthoud, or Erie use to gauge Blood Alcohol Content in DUI or DWAI (CRS 42-4-1301) cases.
If a person has a Blood Alcohol Content of .08 or above, they are considered unable to operate a motor vehicle and will be charged with Driving Under the Influence (DUI) if they are pulled over. If a person has a Blood Alcohol Content of .05 up to .799, they will be charged with Driving While Ability Impaired (DWAI.) The marijuana bill that passed the Colorado House Committee states that if a person’s blood contains upwards of five nanograms of THC per milliliter they are too “stoned” to drive and should be charged with Driving Under the Influence of Drugs (DUID).
These standards set driving requirements for people who choose to smoke recreational marijuana and drive. Lawmakers still have much to figure out, because THC, the active ingredient in marijuana, acts very differently in the body than alcohol. Traces of THC are still detected in the body days after someone has smoked it, as opposed to alcohol which is flushed out more quickly.
Like alcohol, THC has a different effect on each person. The strain, concentration, and whether it is eaten or smoked may cause people to react differently and show different levels of THC in their blood. People who smoke for medicinal purposes (medical marijuana) may face more prosecution because they will now be charged with a DUID if their levels are higher than the set amount, even though they need to smoke for pain treatment.
With new DUI / DUID legislation regarding marijuana on the lawmakers’ table, be aware of any changes made to the law. Do not see recreational marijuana use as a safe “alternative” to drinking and driving. If police arrest you for DUID, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O’Malley Law Office at 970-616-6009. Together, we can protect your pot smoking, toking, dumbed down, brain dead future.