How are Colorado’s Marijuana DUI Laws Different from Other States?

Driving under the influence of marijuana is illegal in all 50 states. Still, the specific laws and regulations regarding marijuana-related DUI charges can vary significantly from one state to another. Colorado, often at the forefront of marijuana legislation due to its early legalization of recreational cannabis use, has unique drug-related driving laws that set it apart from most other states in the U.S. These laws are designed to address the complexities of marijuana’s effects on the body and aim to ensure fair treatment for drivers who may have consumed marijuana but are not necessarily impaired.

In Colorado, the approach to marijuana-related DUI charges differs due to the utilization of a system known as “permissive inference.” Under this system, if a driver tests above a threshold of five nanograms of THC (the active chemical in cannabis) per milliliter of blood, authorities are allowed to infer that the driver was under the influence of marijuana. However, it is crucial to understand that this inference is not an automatic or guaranteed charge of DUI. This distinction is essential because marijuana can remain in a person’s fat cells for an extended period, sometimes up to three months. Therefore, a positive blood test for THC does not necessarily imply impairment at the time of testing.

It’s important to note that Colorado’s approach is rooted in a consideration of the science behind marijuana’s effects on the body. Unlike some other states, where any detectable amount of THC in a driver’s blood can lead to an arrest (referred to as “zero tolerance” states), Colorado’s system allows for a more nuanced assessment. This approach recognizes that individuals who have consumed marijuana may still be capable of safe and responsible driving, provided that they are not impaired.

Zero tolerance states, on the other hand, present challenges for various individuals, including longtime marijuana users, medical marijuana patients, and even those who may have taken an occasional hit at a social gathering. In these states, the presence of any THC in a driver’s blood can lead to an arrest for impaired driving, irrespective of when the marijuana was consumed or the individual’s state of impairment at the time of driving.

Additionally, several states have adopted “per se” marijuana DUI laws, which the White House favors. Under these laws, if a driver’s THC test results exceed the state’s legal limit, they can be convicted of DUI without the need for further inquiry. In many per se states, the legal limit is set at zero, meaning that any detectable amount of THC can lead to a DUI conviction. These laws, similar to zero-tolerance laws, do not account for the retention of THC in fat cells or require evidence of impairment.

While Colorado’s approach to drug-related driving is generally more reflective of the scientific understanding of marijuana’s effects, there is still room for improvement in the state’s DUI laws. The use of permissive inference helps protect drivers who have consumed marijuana but are not impaired. However, ongoing efforts to refine and adapt these laws to align with evolving scientific research and public safety concerns are essential.

Thomas & Ahnell, LLC, is a law firm specializing in alcohol and drug-related driving offenses in Colorado. Their team of experienced DUI attorneys is well-versed in the intricacies of Colorado’s unique DUI laws, including those related to marijuana. In a rapidly changing legal landscape, having a trusted legal partner is crucial to navigating the complexities and ensuring fair treatment for individuals facing DUI charges.