Marijuana Blood Standard

Posted by Richard Lawson | May 03, 2012 | 0 Comments

It looks as though a Colorado marijuana blood standard for drivers appears to have approval looming. Colorado lawmakers voted in favor of the DUI law that considers drivers impaired if they test positive for 5 nanograms or more of THC, the psychoactive ingredient contained in marijuana, per milliliter of blood. Driving while impaired by marijuana or any drug is already illegal in CO, but supporters of a THC blood limit standard say law enforcement needs benchmark - similar to the .08 blood alcohol limit - to help them evaluate drivers. Many of the lawmakers who supported this CO bill were concerned about those driving while legally prescribed marijuana.

Many drivers feel that if they have medical marijuana, they are safe to drive. The CO lawmakers are concerned about a growing number of "doped" drivers and want to crack down on DUI. On the other hand, Senator Pat Steadman, a Denver Democrat, made the point that marijuana users who legally use the drug could be unfairly deemed impaired. Unlike alcohol, THC is fat-soluble, so blood limits can remain above the legal limit even when a user is not stoned. How does this type of bill affect Georgia?The White House has urged all states to set a blood level limit for driving under the influence of marijuana, though the federal government hasn't specified what the amount should be.

Many prosecuting attorneys are quick to assume you are DUI if the officer arrested for DUI and claimed to smell the odor of marijuana on you or if you submitted to a blood test and it came back positive for marijuana.However, there is a BIG difference between exposure to marijuana and being under the influence of marijuana to the extent that you are unsafe to operate an automobile. Often, solicitors misunderstand the marijuana blood toxicology report that they get back from the GBI crime lab or they just make some wild assertions that being high on marijuana causes bad driving.

About the Author

Richard Lawson

Richard S. Lawson is passionate about intoxicated driving defense. Unlike some attorneys, Mr. Lawson devotes 100% of his legal practice to helping people stand up for their rights against DUI charges. For more than 20 years, Mr. Lawson has dutifully fought for his clients' freedom, resolving more 4,900 impaired driving cases during the course of his career. Today, Mr. Lawson has developed a reputation as a skilled negotiator and continues to help clients by fighting to keep them out of jail.


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