It’s been a couple of years since Colorado banned the use of marijuana in the car, and as it turns out, Colorado’s marijuana driving law is one of the strictest in the country. If you’re caught driving with marijuana in your system, you could face up to six months in jail and a $1,000 fine.
If you’re wondering whether you’re breaking the law, going to jail, or at least getting a ticket, you’re in luck. The short answer is: it depends.
It’s not just illegal to drive high in Colorado, it’s illegal to drive high in Colorado and get caught. Under Colorado law, it’s illegal to drive with any amount of THC, the active ingredient in marijuana, in your blood.. Read more about driving while high charges and let us know what you think.Almost every discussion about lawmakers wanting to repeal cannabis legalization also involves drunk driving: Make a traffic stop or we’re done. According to the National Survey on Drug Use and Health, there were 10,511 drunk driving deaths in 2018, but the contribution of marijuana and other illegal drugs to these and other drunk driving deaths remains unknown. NSDUH also reported that in 2018, 12 million US residents reported driving under the influence of marijuana in the past 12 months. Manufacturers in the industry are rushing to develop devices to measure the level of THC poisoning on the street – Draeger Drug Test 5000, Securetec Drug Wipe, to name a few – but the reliability of these devices has proven questionable, according to the study. Too many false positives are found – even passive exposure to cannabis smoke can lead to a positive THC test with a roadside testing device. APPROPRIATE: If you get caught with marijuana in your pocket, you could lose your car. These devices are used to perform tests on saliva samples on the street to determine a certain level of intoxication. And it’s not clear whether a product containing only CBD, say 0.5% THC or so, could affect the test results and produce false positives. Photo: bluegame/Getty Images This amazing and complex plant is like a ninjutsu test. THC, which can indicate intoxication, remains in the body for days or even weeks as small amounts continue to be released from fatty deposits into the bloodstream as you go about your daily life. You are not high, but a saliva or blood test may show that you are above the local limit for THC intoxication. APPROPRIATE: The number of people who get behind the wheel after smoking pot will surprise you. Some 11 states have adopted a metric (similar to the intoxication level of a drunk driver, measured by a concentration of 5 or 10 nanograms per liter, depending on the state) or a zero tolerance system (i.e. any amount of THC found in a liquid sample) to determine if you are too intoxicated to drive. However, the Highway Safety Foundation has stated that the scientific evidence for the negative effects of THC on driving behavior and accident risk is neither clear nor consistent. Next, officers must perform the usual sobriety tests to detect alcohol poisoning, look for signs of THC poisoning – the smell of marijuana (which is not considered sufficient grounds for a stop in some jurisdictions), distracted speech, stopping too long for a stop sign, red eyes – or what is called a conduct disorder. Photo Ed 259 via Unsplash Can you beat it? You can just refuse to take a field sobriety test and a breathalyzer. In most states, the penalty for such a refusal is the loss of the driver’s license for a certain period of time. But you know what? Thus, the subjective observations of the arresting law enforcement officer remain the only evidence of your guilt. And any good lawyer should be able to remove that subjective analysis. APPROPRIATE: Is driving under the influence of cannabis the same as driving under the influence of alcohol? Moreover, the National Highway Traffic Safety Administration (NHTSA) manual states that roadside sobriety tests must be conducted under ideal conditions – another loophole for a shady lawyer. Also, if you’re facing a DUI hearing, chances are you’re facing a new judge-appointed attorney who has little or no experience with the legal issues you – or your attorney – are presenting to them. Give it a try – even the ordinary consumer knows that high-speed driving has its own challenges. Know your rights, but don’t become yet another statistic just because you want to hurt someone’s feelings.
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