Driving Under the Influence of Marijuana

Colorado state residents who are 21 years of age or more are permitted to buy Marijuana up to one ounce by weight. If a person originates from out of state, then the limit is a quarter ounce. Colorado residents are allowed to cultivate to a maximum of six marijuana plants. Law enforcement agencies like the Colorado State Patrol look to arrest drivers suspected of driving under the influence of Marijuana.

Five (5) nanograms Weight of THC in the Blood

In Denver, Colorado, the police may now ask individuals suspected of DUID Marijuana to take blood tests, as no breath test exists to find out the presence of marijuana in blood yet. The legal limit of marijuana in Colorado has been established at 5 nanograms weight of THC in the blood of a driving suspect.

The blood level of THC 5 nanograms or higher does not mean you are automatically guilty of driving under the influence of marijuana. It means that the prosecution will be able to submit an jury instruction to the jury that basically states that there is a presumption of impairment at 5 nanograms or higher.

Test results like this do not by default mean a jury would assume you were guilty of driving under the influence of Marijuana. This conclusion can be rebutted by the defense. Musell Law will vigorously defend your rights in a driving under the influence of marijuana case.

THC and Complications

There are currently complex legal battles around blood THC limits. The problem with the present approach is that alcohol and marijuana act differently within a body of a person. Unlike alcohol, where the quantity in the blood and its effect is maximum just after consumption, and which decreases in time, the THC blood level increases, after the consumption of marijuana, and the individual’s blood will show positive for higher levels even after the effects of impairment has worn off. For veteran pot users, this could take days, even weeks.

THC is soluble in fat and is an active ingredient in marijuana. THC remains in fatty tissues of the body and is not excreted quickly. This is the reason THC drug tests show positive results long after the person has used this drug. If you were arrested for driving under the influence of marijuana, contact Musell Law for help.