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Marijuana and DUI’s

There has been a lot of confusion concerning the enactment of Colorado Amendment 64 and what it means for you. While medical use of marijuana has been legal in Colorado for nearly fourteen years, recreational use of the drug has only just become legalized and many have questions about what this law entails. The state of Colorado has been very strict on those driving while under the influence of alcohol, but driving while under the influence of marijuana is a newer issue.

Medical VS Recreational Use

Voters approved amendment 20, which allows the use of cannabis for approved patients with medical consent, in 2000. This law states that patients may possess up to two ounces of medicinal cannabis and may grow no more than six cannabis plants. Of these six plants, only three may be mature, flowering plants. Use of medical marijuana is illegal in public places or in a manner which may endanger others (operating a vehicle or machinery after medicating).

Similar to Amendment 20, Amendment 64 gives most of those same rights to any adult who is 21 or older in the state of Colorado. Those who meet that criteria may grow up to six plants (no more than three can be mature and flowering) in a private and secure space. When traveling, they can only possess one ounce, and give, as a gift, up to one ounce to an adult who is also age 21 or older. Public use of marijuana is still illegal under this law as well.

The law for driving while under the influence of marijuana will be the same to that of driving under the influence of alcohol. The punishment for these crimes will also be the same in severity. The law states that in instances where THC, which is the main ingredient found in a cannabis plant, is identified in a drivers blood in quantities of 5ng/ml or higher is permissible inference that the driver is under the influence.

Cannabis Concerns

Though the state of Colorado recognizes these amendments as legal practice, they are still under the scrutiny of federal law. Anyone traveling outside of Colorado needs to keep in mind they are only protected by the state, inside the state.

If you’ve gotten a DUI from marijuana usage, you may need an attorney to defend you properly in court. With all the recent changes, it’s important to work with in an expert in this situation. Contact the Law Firm of Jeremy Rosenthal today if you need help!


Posted in Car Accident, Denver