AAA challenges law on marijuana, driving
A study released by AAA this week challenges DUI laws in states where marijuana is legal.
The automotive club believes innocent drivers are being sent to jail.
In Colorado, there are two ways to be considered “under the influence” of drugs or alcohol.
One way is to show signs of impairment, and the other way is to be above the legal limit set for drugs or alcohol.
In the case of marijuana, the limit is 5 nanograms of THC.
Colorado lawmakers established that limit shortly after marijuana was legalized.
However, after evaluating hundreds of arrests and sobriety tests, AAA concluded that 5 nanograms is not a valid number to determine impairment.
Tim Bussey of The Bussey Law Firm, specializes in DUI cases, and agrees with AAA’s findings.
“They’re coming to the conclusion that many of us in the defense community came to a long time ago, which is there’s no basis for this 5 nanogram level. It really needs to be eliminated,” he said.
Bussey believes the 5 nanogram rule was pushed through three years ago without proper consideration.
“It was passed, in my opinion, based on haste and based upon fear when recreational marijuana was legalized here in the state of Colorado,” he said.
Patrons at any canabis club in Colorado Springs agree that 5 nanograms is not a true indicator, because people react differently to marijuana.
Marijuana consumer Jason Stark said, “Some folks can consume marijuana all day long and be fine.”
Joseph Carlson added, “The more you do it, the more your body creates a tolerance to it.”
Fountain police officer Jose Barraza trains other officers to become drug recognition experts.
He says when he pulls over a driver suspected of being under the influence, he is more focused at the behavior of the driver than the exact amount of marijuana they might have consumed.
“Officers look at the totality of the circumstances, from when they first saw the vehicle in motion to the point where they’re deciding whether to make the arrest or not.”
He says other studies have shown that 5 nanograms is an adequate indicator or impairment.
In fact, he’d like to see the limit lowered to three.
“I’ve arrested many drivers that were below the 5 nanogram limit, and they had a hard time operating a motor vehicle safely,” he said.
