Just this Tuesday Senate officially passed the bill for Colorado which sets a THC-blood limit for motorists who use marijuana. According to various reports, this very issue has been the topic of much controversy of the past few years, and it has moved before the state legislature six times before the Senate ruled to have it passes. House Bill 1325 passed as a 24-11 vote. Now that it has gone through that initial process, Governor John Hickenlooper will now have to implement this in his state, though he is a supporter of establishing a framework for marijuana users who are driving under the influence.

This Bill essentially sought to prove that a driver who is "high" on marijuana is going to be experiencing raised blood pressure, and because of the THC (the psychoactive ingredient) used in this drug, it has the ability to completely impair a person. Under HB 1325 if a driver is tested to have 5 nanograms of this ingredient in their blood streams, then they will be considered to be too intoxicated to be operating a motor vehicle. Last year the exact same type of bill was brought before the Senate and it was completely overturned, what led to the change is uncertain though the state regulators are pleased that there were now be guidelines for drivers on the road.

What concerns regular marijuana users is the fact that 5 nanograms is not much to have in their system, especially for medical marijuana patients who use the drug often and for extended amounts of time. Under this bill, the arrested individuals do have the opportunity to fight the charges against them and argue that they were in fact fit to operate their vehicle. If the driver can prove that their driving was not poor or a threat to anyone else, there may be a chance for them.

This bill is believed to be somewhat different than the other ones that were rejected. Originally the bill stated that in the event the person was found with over the 5 nanogram limit, they would automatically be convicted with no negotiations as a "per se" bill. A huge argument over the matter is the fact that marijuana, unlike alcohol, will be on your breath or in your blood stream even if you smoked 15 hours ago and had a full night's sleep after. Because of the great inconsistencies with marijuana users and their ability to handle their drug, many tests have been done in order to prove that 5 nanograms do not mean intoxication for everyone.

The state of Washington addressed this issue last year, and their argument is that if a person is pulled over and has a THC limit of over 5 nanaograms they will receive a DUI. However, if the person is driving well, there is no reason for them to be pulled over, and they won't. He argues that with this issue it all comes back to common sense, and if you are driving smart you won't get pulled over.

Whatever the case may be, as marijuana becomes legalized in some states, so will the enforcement of driving under the influence laws. If you are arrested in a state in which this is a legal act for a DUI, contact your trusted DUI defense attorney in your area today to begin challenging the charges placed against you. Even if you are arrested from driving under the influence of marijuana in a state in which it is not yet legalized, fighting for your rights is the best option you have. Contact a DUI attorney as well in you r area in order to fight for your rights and your future.