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Colorado Leaning Toward 5 ng Pot Standard

Posted by Kevin Trombold DUI Defense Attorney | Apr 03, 2013 | 0 Comments

Marijuana DUI
Washington is still navigating through the growing pains involved with the legalization of marijuana, which was approved by voters last fall. The other Western state that legalized small amounts of pot is Colorado, which is in the midst of a similar transformation. And it appears that the Rocky Mountain State is following Washington's lead regarding its marijuana-related DUI laws.

This week, a committee in the Colorado House approved a five-nanogram standard of legal impairment. Like in Washington, the minimum level of active THC in a person's bloodstream would be set at 5 ng per milliliter of blood equivalent, above which law enforcement personnel could arrest an individual on charges of driving under the influence. Such a standard would operate much like the .08% blood alcohol content level for drunk driving and take much of the guesswork out of whether or not a suspect is impaired.

The decision to pursue the 5 ng standard was delayed for over a month amid opposition by medical marijuana advocates, who claim that users might be classified as impaired even though they hadn't smoked pot. But the Colorado measure provides an avenue for people accused of marijuana-related DUI to argue that they were sober despite a test result of 5 ng or higher.

The bill now moves on to the full house, where it could come up for a vote as early as this week. Of course, it will still have to get the thumbs-up from the state Senate as well as Colorado's governor before the proposal would become law.

About the Author

Kevin Trombold DUI Defense Attorney

Highly rated by former clients, who praise his warm, knowledgeable courtside manner and his fierce determination to reduce or eliminate charges. An accomplished speaker, author, and leader in DUI defense statewide Kevin is well respected by judges, prosecutors, and other attorneys across the State of Washington for his expertise, integrity, and knowledge in the complicated forensic science area of impaired driving allegations.


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