Marijuana DUI Bill in Colorado
In Colorado, a bill establishing a “per se” marijuana DUI law has passed the Sate Senate and now heads to the State House. Currently there is no DUI per se charge for people who drive under the influence of drugs in Colorado. Under the proposed bill, drivers whose blood contains five nanograms or more of Delta 9 THC per milliliter in whole blood while driving or within two hours of driving could be charged with DUI per se. The bill comes out following statistics that the number of car accidents involving THC has increased significantly in recent years.
Although there are many problems with this bill, should it become law, people could get convicted of a Marijuana DUI even though they are completely sober. THC lingers in people;s system long after the effects of the drug have worn off. Further, there is no valid science that supports people are under the influence to an appreciable degree when there is 5 nanograms or more of Delta 9 THC per milliliter in whole blood. I am in support of safer roads, but to start making per se laws without valid scientific studies to support it is a slippery slope.
Currently CA does not have DUI Marijuana per se laws. But as more states pass them, more states will follow…