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Stoned Driving Limits: You Asked to “Treat it like Alcohol”

May 11th

sobriety test

With Washington State’s I-502 legalization came a 5ng/ml limit of active THC in blood.  This is now per se evidence to convict on a DUI charge.

In Colorado, the governor is poised to sign a bill creating a 5ng/ml limit that has failed to pass in six previous attempts.  This would set a permissible inference of guilt on a DUI charge.

To my fellow supporters of marijuana legalization, I’m reminded of the saying, “Be careful what you wish for because you might get it.”

Before I explain that, let’s make sure everyone reading is familiar with the concepts:

  • These limits in Colorado and Washington refer to active THC in the blood, not the inactive metabolites you get busted for on a workplace pee test, sometimes days or weeks after cannabis use.
  • per se limit means you’re automatically guilty and have no defense.  You could be driving absolutely perfectly and still be guilty of a DUI if your blood is >5ng/ml.
  • permissible inference means that you’re presumed to be guilty, but you can defend yourself if you can prove you weren’t driving impaired, even if your blood is >5ng/ml.

Now, back to our wishes.  For years now, we have been lobbying . . . . . READ MORE

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