Colorado recently amended their Constitution to allow for those 21 and over to legally possess and smoke marijuana. Now, Colorado is on the way to becoming one of the few states in the U.S. to enact a DUI law limiting the amount of THC one may have in their system when driving. Last week, a proposed bill that would set a “per se” or legal limit of THC at 5 nanograms per milliliter of whole blood, passed a house committee and is on the way up the ladder. Of course, the bill has critics on both sides questioning its effectiveness.
Proponents say that the bill is necessary, and even call for lower limits on the amount of THC one may legally have pulsing through their bloodstream while driving. Others, however, say that impairment may vary greatly from person to person, making the hard-and-fast limit impracticable and ineffective. Notably, the most current version of the bill does allow for those charged with DUI marijuana to rebut the charges by showing a lack of impairment. Therefore, factors like driving actions and performance of field sobriety tests will become important in the cases.
Currently, Georgia and most other states do not allow for legal possession of marijuana. Georgia does have DUI laws to include those driving under the influence of marijuana, but, under Georgia’s laws the State must prove impairment rather than mere consumption. This comes after a successful challenge to the Georgia law under the Equal Protection Clause of the Constitution.
So, should all states enact DUI charges that set a legal limit in marijuana cases? Is Colorado’s proposed law a good idea or is it flawed? Comment below.