Colorado has struggled to regulate and prosecute drivers operating motor vehicles under the influence of marijuana well before it became legal in 2014. Since legalization, standardization of what constitutes a DUI involving marijuana has been heavily debated. One lawmaker is proposing a change to the current law with a recent bill introduced to the Colorado legislature.
Current law states that a driver with 5 nanograms of THC hormone in his or her system can be charged with a DUI. Studies show that the current way of testing for impairment from marijuana is not a strong or accurate indicator in all people. The lawmaker introducing the bill is a prosecutor and has seen several DUI cases, and he hopes the new proposed law will help law enforcement with future DUI arrests.
The new law would repeal the previous law and the 5 nanogram THC hormone standard. Instead, it would allow the law enforcement officer to make an arrest when he or she feels there is evidence to presume that a driver is impaired. An officer can also make an arrest if he or she feels a driver is unsafe to continue driving after a traffic stop. Although the lawmaker hopes to address the inconsistency of current law, others who oppose the new bill do not like the vague wording.
Laws and policies regarding DUIs from marijuana are constantly changing. It is often difficult for citizens to understand and comprehend all of the changes in the law and any resulting consequences. Colorado attorneys stay up to date on all laws, changes and how it may or may not affect a client facing a DUI involving marijuana.