Categories: Blog

THC Presumptive Inference—Too Presumptuous?

On May 7, 2013, the Colorado Senate gave the final votes needed to pass marijuana legislation that will create a presumptive inference when a driver has 5 nanograms or more of Delta-9 THC per milliliter of whole blood. This bill will allow juries to infer that in a DUI case, a blood test result that shows 5 or more nanograms of THC equates to impairment.

The Colorado legislature has not provided much reasoning why they believe 5 nanograms is the appropriate presumptive inference limit. Furthermore, as most experienced Colorado DUI defense attorneys would agree, the science involved in determining whether the average person is impaired at 5 nanograms is complex and produces inconsistent answers. For instance, the THC legislation does not distinguish between inactive metabolites of THC and active THC. Therefore, a heavy medical marijuana user who has not been using prior to driving could presumably be considered impaired based on the arbitrary 5 nanogram marker even though they were not impaired by THC, but because some blood test produces a number greater than 5. Additionally, there are no consistent or reliable studies available on whether 5 nanograms is an appropriate impairment marker. In fact, as one CNN study has shown, 5 nanograms is likely too low of a limit.

Regardless of whether DUI lawyers believe the limit is appropriate, the legislature has spoken, and 5 nanograms will now be a marker for impairment. Therefore, if you are currently a medical marijuana user, or a recreational user under Amendment 64, then be aware that you are taking a risk every time you drive. The amount of time the body takes to eliminate active or inactive THC depends on the user’s frequency of use and various other variables. Therefore, there is no accurate way to predict how long it will take before a marijuana user is safe to drive after use.

If you are accused of DUI based on marijuana, do not hesitate to contact an experienced Denver DUI lawyer who can help you navigate the complexities of the criminal process.

If you are reading this on any other blog than Criminal Law Denver or via my RSS Feed, it is stolen content without credit.
You can find me on Twitter via @DUI5280
Come and visit our blog here https://www.criminallawdenver.com/category/blog/

Published by
Jay Tiftickjian

Recent Posts

Colorado’s Impaired Driving Statistics: 2024 Data Shows Troubling Trends

Every year, Colorado releases updated data on impaired driving crashes, fatalities, and court filings. The…

5 days ago

Driving Under the Influence of Psilocybin in Colorado: Legal Risks, Dangers, and Penalties

As Colorado grapples with new laws decriminalizing certain natural psychedelics, including psilocybin mushrooms, it is…

1 month ago

Lessons in Law and Life: Jay Tiftickjian Reflects on the Journey from Prosecutor to Denver DUI Attorney

When Jay Tiftickjian speaks about law, his voice carries both authority and empathy. He has…

1 month ago

People v. Thomas: Felony DUI Jurisprudence in Colorado

The Colorado Court of Appeals’ decision in People v. Thomas, No. 22CA0901 (Colo. App. Aug.…

2 months ago

Jay Tiftickjian Named 2016 Best Lawyers “Lawyer of the Year” in DUI/DWI Defense

Recognition in the legal profession requires more than strong advocacy. It demands excellence, integrity, and…

2 months ago

Reporting Requirements and Discipline Proceedings for Colorado CPAs Following a DUI Conviction

Certified Public Accountants (CPAs) in Colorado are subject to regulations to ensure professional competence, integrity…

2 months ago