High on the Highways?

Denver Attorney Jay Tiftickjian recently provided legal analysis for one of the oldest newspapers in the country, The Recorder. As marijuana legalization continues to gain momentum across the country, so does the concern for marijuana impaired driving. In 2013, Colorado passed its first “stoned driving” law outlining the legal limit for driving under the influence of marijuana. Rather than setting a per se limit, Colorado passed a permissible inference of 5 nanograms per milliliter of THC. This means that a jury may infer that a driver is under the influence if they have 5 nanograms or more of active THC in their blood within two hours of driving, and it is the Defendant’s burden to present evidence to question whether they were impaired or under the influence.

As Tiftickjian, and many other critics of Colorado’s THC law point out, there is little scientific evidence to support a specific level of THC and the jury is still out regarding what the appropriate level should be.  According to Tiftickjian, “Many of Colorado’s DUI arrests surrounding marijuana are based on odor and not evidence of bad or impaired driving.”  To read the full article, click here.

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