Colorado legislators on May 15th refused to enact a proposed bill that would have created a per se or automatic impairment threshold for drivers with active THC in their blood. The bill would have made it easier to prosecute individuals for driving while impaired or drugged driving because prosecuting attorneys could have simply used a number from a machine to show impairment rather rely on actual observations of the driver’s ability to operate a motor vehicle. The bill proposed a threshold of 5 nanograms of THC was too low to ensure that only impaired or intoxicated individuals met the threshold.
THC is the one of the active ingredients in marihuana and a schedule 1 controlled substance. “THC is fat soluble and is metabolized differently than alcohol which is the drug most commonly associated with a per se or automatic threshold” says attorney Joshua Covert. Covert adds, “The studies preformed to date do not establish a reliable threshold for predicting impairment due to THC blood levels.”
Colorado remains a state where actual impairment must be shown. Michigan on the other hand has a statute (MCL 257.625(8)) that treats any amount of a controlled substance in a driver’s blood as impaired driving. Michigan even applies this strict and unscientific threshold to registered medical marihuana patients which severely limits their ability to drive without fear of prosecution. “One must question the wisdom of continuing with the ‘any amount’ threshold when Colorado legislators have refused to establish even 5 nanograms as a threshold for impairment” says Covert.
If you have been charged with drugged driving you need an attorney who understands the way THC is metabolized. Contact attorney Josh Covert, who is committed to protecting your rights. Jcovert@nicholslaw.net
The information contained in this web site is neither legal advice nor is it intended to be legal advice. The information contained in this web site is general information designed to give the reader a basic understanding of some legal concepts about what we do in these areas.
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