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Colorado Lawmakers Work to Put a DUI Limit on Marijuana

by KREX News Room

Story Created: Jan 24, 2011 at 6:32 PM MDT

Story Updated: Jan 24, 2011 at 7:49 PM MDT

Denver - With the increasing number of medical marijuana users, one state lawmaker said Colorado needs a law to stop people from getting high, and getting behind the wheel. State Senator Steve King is supporting a bill that would set a DUI limit for marijuana.

"In my life experience, with 30 years in law enforcement, there's no way you're going to convince me that you're a better driver when you're high on marijuana," State Senator Steve King said.

Just weeks after being sworn into his newly elected position, King is taking one of the most controversial issues in Colorado: medical marijuana.

"This legislation is going to be addressing the fact that in Colorado, there's no law that deals with someone driving under the influence of marijuana," he said.

It may be hard to believe, but the state had no driving standard when it comes to marijuana. With hundreds of thousands of licensed users, many people and agencies are lobbying for the bill.

"It's still illegal to drive under the influence of any drug, even if you have a medical marijuana card. They're asked to do voluntary roadside maneuvers. We get a chemical test of their blood or urine, and if they're under the influence, then it's the same as alcohol," Grand Junction Police Sgt. Kevin Imbriaco said.

The bill would set a DUI limit for marijuana, much like the DUI limit for drinking and driving. Five nanograms of THC would be the equivalent of a .08 blood alcohol level.

"They're going to be putting a lot of people in jail and give them a ticket to people who don't deserve it," marijuana advocate Travis Chambers said.

Chambers said the test work because regular users may fail even when they're not impaired.

"I could smoke yesterday and they pull me over today, and I will be dirty. That doesn't tell them when you smoke, how long ago you smoked, and they can't tell you," he said.

Many marijuana advocates said there needs to be a law against smoking pot and driving, but it's just not in the new bill. Chambers agreed that there needs to be some form of punishment for people who smoke and drive. He said the solution is through education.

"We need to inform people that it's not okay to smoke and get behind a wheel while your high," he said.

A concern for this bill with even non-marijuana users is cost. Advocates insist that the law would add to court and DMV costs and Colorado's budget shortfall.

Right now the bill is still in the draft stages.

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Anonymous said on Monday, Jan 24 at 8:46 PM

Hold a bag of Doritos out in front of them, and if they can't hold still for 10 seconds, they are too stoned to drive. Toss them in the slammer.

Floyd said on Monday, Jan 24 at 10:09 PM

MJ stays in your system from 30 to 45 days, depending on how much water you drink. As long as it is in peoples system they shouldn't be allowed to drive. That way it could be proven they aren't driving stoned. Sounds like a good idea to me.

anonymous said on Tuesday, Jan 25 at 8:22 AM

I guess all these DUIs they already hand out for DUI-D are a myth?

MrWhoHa said on Tuesday, Jan 25 at 2:26 PM

"All Police Stops"!AnyTime U talk to the Police ! Should Req to give a Urinalysis ! (Its Only 4 Your Safety)in order to get back in your car or home ? How does that Sound ???Its Only Fair ! But First (Test)the Tester? and Test! All State- County- Federal Employees as the report to Work, Daliy!

Bad Info said on Tuesday, Jan 25 at 2:52 PM

King is incorrect there is a law regarding driving while impaired by a drug (alcohol or marijuana). Only alcohol has a Per Se limit of 0.08%. As for Mr. Chambers, you are incorrect as well. Yes it shows on a UA days, weeks after but you are arrested when impaired not for simply having it in your system. Remember the law, "Operating while impaired to slightest degree" not possession, thats a whole different story.

reality check said on Friday, Feb 18 at 9:59 AM

The test proposed for marijuana per se DUID is a blood test. It has the ability to detect delta-9 THC, the brain impairing component of marijuana. Delta-9 THC spikes and then drops below the recommended 5ng/mL level within 4 hours of intaking marijuana. The blood test will detect impairment within a 4-hour time period, and the driver will be tested within 2-hours of being pulled over. The blood test does not focus on the COOH THC, the metabolite which reflects the breakdown process of marijuana in the body and can also be used to detect historical use. It can, however, be used to correlate time of impairment along with the delta-9 THC. If you are a regular user of marijuana, those drivers will fall below 1 ng/mL in roughly 4 hours. If you eat marijuana, it may take 8-12 hours to be safe to drive. Bottom line is that if you're not driving stoned, you have nothing to worry about.

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