Research has shown that patients that have prescriptions for medical marijuana are considered “chronic” users and thus have a higher tolerance level than those that use the drug recreationally. This may not seem like a big deal, but it could have some serious repercussions in January if the Colorado legislature sets the law that limits the amount of TCH nanograms that drivers can have in their systems to be considered driving under the influence.
In 2011, law makers could not come to an agreement on the amount of TCH that would qualify a driver as too impaired to drive. They considered levels between 2 nanograms and 8 nanograms. While a recreational user of cannabis may be seriously impaired with 2 nanograms in their system, a person that medicates regularly and has a Colorado Registry Card may not feel the effects of 2 nanograms, let alone be impaired behind the wheel.
If a TCH level is passed by the legislature, you will be presumed to be driving under the influence of drugs, and the results of the test that detects the THC nanograms will be used as evidence against you. The result could be automatic loss of license, without tolerance taken into consideration.
Drivers charged with a driving under the influence of drugs charge in Colorado face two separate cases. The civil case is handled by the DMV and can result in the loss of license, while the criminal case is handled in a criminal court room and the judge can choose to require time spent in jail.
If you are accused of driving under the influence of drugs and have a Colorado Registry Card, seek the help of an attorney that is experienced with medical marijuana DUI cases.