With Governor Hickenlooper’s signing of Amendment 64 into law comes much rejoicing, but also many unknowns.
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What was made legal by the Amendment remains illegal under federal law, and the extent of any federal enforcement on this issue and in response to the law change has yet to be made clear. Additionally, the law’s enactment re-invigorates the debate over a possible need for a drugged driving law similar to the law in effect for drunk driving which makes a blood alcohol level over 0.08 a DUI Per Se.


However, creating such a law poses unique complications. The science as it relates to the effect of marijuana on a driver is relatively young and unclear in comparison to the studies on drunk driving. Also, a habitual smoker may not be impaired by THC levels which would be impairing to a casual smoker. Thus, a one size fits all approach may be difficult. Some states which already have enacted such a law have adopted a no tolerance approach, and others have established a limit of either 2 or 5 nanograms of THC per liter of blood. Colorado is considering a 5 nanogram limit. As it stands now, a driver can be charged with driving under the influence of marijuana if there is any marijuana in his system, and it is up to the driver to establish that the drug in his system did not impair his ability to drive.


Additionally, it is important to note that as of yet it is only legal to sell and purchase medical marijuana in Colorado; in 2013 state legislators will have to place into effect a regulatory framework for the sale of non medical marijuana, which was allowed under the Amendment.


If you are in Denver and are facing drug charges, including marijuana, contact the Law Offices of Kimberly Diego. Kimberly Diego is a highly accomplished Denver drug lawyer, and she represents clients from all walks of life throughout the metro area – juveniles, adults, and clients accused of both felonies and misdemeanors. Contact Ms. Diego at 720.257.5346 (available 24-7) to schedule a free consultation to review the nature of your case or visit her website at