What to do if you’re pulled over while under the influence of cannabis
First things first: a driver should never get behind the wheel of a car when under the influence of any controlled substance – whether it is alcohol or cannabis or any other drug causing impairment. However, it is human to make mistakes. When you’ve made a regrettable choice, it’s important to know what steps you can take to mitigate the consequences.
In this blog, we’ll explore the legal implications surrounding driving under the influence of cannabis, and what a driver can do if pulled over.
What leads to a cannabis DUI in Colorado?
In November of 2012, Colorado voters approved Amendment 64, which effectively permitted the growth and sale of recreational marijuana in the state. Since then, state law enforcement officials have strived to develop testing methods and corresponding legal limits for drivers. Currently, state law dictates that any driver with five or more nanograms of THC per milliliter of whole blood can be prosecuted for DUI.
However, the law does not just apply to those who have consumed cannabis. The law prohibits drivers or passengers from even opening cannabis packaging while in the vehicle. According to Colorado.gov, “you can be charged with a traffic offense if the marijuana product seal has been broken, some of the product has been consumed and there’s evidence it was used in the car.” If that sounds ambiguous, here’s a key takeaway: it’s best to treat cannabis like alcohol and never drive around with it open in your car.
Colorado vs. Federal Cannabis Laws
Let’s say you’re driving through some of Colorado’s abundant national forest land to go hiking or camping. Seems like a pretty safe place to use cannabis, right? In actuality, the opposite is true. Because cannabis is legal on a state level in Colorado, but not on a federal level, the risk is even greater when you use cannabis on federal lands – which include national forests, national parks, and some ski resorts. Of course, the best bet is to not use, or even open cannabis packaging, no matter what road you’re driving on.
Can medical marijuana patients drive under the influence in Colorado?
Medical cannabis has been legal for years in Colorado, as it has been in several other states. But the law does not necessarily distinguish between medical marijuana patients and recreational users when enforcing cannabis driving laws. In short, having a medical marijuana card does not change your legal limit for driving while under the influence. That’s why it’s best for even medical users to not get behind the wheel after consuming cannabis – even if they’ve used the substance in a completely legal, by-the-books way.
How do officers test for driving high in Colorado?
Although Amendment 64 was enacted on January 1, 2014, the state has gone through growing pains in administering roadside tests for drivers suspected to be under the influence of cannabis. Unlike alcohol breathalyzer tests, there is no immediate, quantitative testing mechanism for cannabis. Instead, roadside testing is an inexact science largely relying on the officer’s intuition. Signs that might suggest to an officer that you are under the influence of cannabis include:
• Slurred speech
• Bloodshot eyes
• Dilated pupils
• The odor of marijuana
• Marijuana paraphernalia in your vehicle
• Slow reaction times to field sobriety tests
• Actions that indicate a state of confusion or lowered awareness
Though these conditions are all generally subjective, officers with probable cause do have the ability to request that you accompany them to the police station to undergo a blood test. The problem? THC levels are not always an accurate indicator of how much a person has been affected by cannabis.
For example, a report by the National Highway Traffic Safety Administration states that one hit of marijuana can raise a user’s THC levels to 15 nanograms – three times the legal limit. Furthermore, consistent users can have THC levels of 5 nanograms or more in their blood for days after last consuming cannabis. Even for sporadic users, THC stored in fat cells can lead to a positive test, regardless of whether cannabis was recently consumed.
So, although 5 nanograms is the legal limit, it’s possible to exceed that number without even recently having used cannabis.
What to do if you’ve been pulled over while driving under the influence of cannabis
Considering the well-documented problems with the five nanogram THC limit for driving, and the relative infancy of cannabis law in Colorado when compared to alcohol DUI law, it is absolutely worth fighting any cannabis DUI charges you receive in the state.
As with all DUI charges, the sooner you can secure legal representation, the better. I’m here to help.
I have nearly a decade of legal experience in Colorado, along with twenty years of DUI legal expertise in Florida, that will allow me to implement your best defense. I’ll look at every aspect of your Colorado cannabis DUI case – from the officer’s paperwork to their grounds for probable cause – when preparing your defense. As with every case, I’ll approach yours with a combination of expertise and empathy, so you know you’re represented by an attorney who will communicate with clarity and has your best interests at heart, every step of the way.
Ready to see how professional representation can help you defend against a Colorado cannabis DUI? Reach out today [links to contact page].