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Colorado Criminal Defense Blog

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A bill that would have placed a “per se” limit on those driving under the influence of marijuana was killed this week in the Colorado Senate.  The bill would have placed a limit on the amount of THC one could have in their blood while driving, similar to the 0.08 limit constituting DUI Per Se in drunk driving cases.  Pro – medical marijuana lobbyists had vehemently opposed the bill, since frequent marijuana users may not be impaired by a level of THC that could constitute impairment for more infrequent users.  The Attorney General has come out and made a statement expressing his frustration with the bill’s demise.

 

This is certainly a victory from the criminal defense attorney’s perspective.  As it stands now, for a prosecutor to prove a case of driving under the influence of drugs, he or she must establish substantial impairment; having a firm number to establish, and not needing to show substantial impairment (which is not always very easy), would have made their task a lot easier.

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