Colorado state law defines "driving under the influence of marijuana" as a driver who tests at 5 nanograms or more of active THC per milliliter of blood.
Critics charge that the 5 nanogram limit for marijuana is imprecise and arbitrary. Unlike alcohol limits that are measured based on the volume of alcohol consumed and the size of the consumer, intoxication levels with THC are not as easily determined. A CDOT spokesman recently admitted that one hit of marijuana can elevate an individual's THC level above the legal limit. The lingering nature of THC is also an issue. A recent study of over 700 Colorado drivers found that 21% of those drivers had blood results indicating that they had used marijuana within the past month. Another issue is the delivery of THC. While smoking marijuana can cause a more immediate high, edibles can take up to two hours to intoxicate the user.
At Anderson, Hemmat & McQuinn, we oppose any sort of impaired driving. Individuals who drive while intoxicated endanger the public and wreck lives. Nevertheless, now that recreational marijuana has been legalized in Colorado, our lawmakers must determine a way to accurately determine whether someone is driving high and endangering lives in Colorado. If you have been injured by an intoxicated driver, please call and speak with one our experienced Denver accident attorneys today.