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Anyone know how Colorado is dealing with DUI now that they legalized pot?
At some point they would need to set a standard for THC same as was done for EtOH I would expect?
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A couple of states (Utah and Oregon IIRC) are attempting to create baselines for impairment in regards to THC.
For instance, with alcohol, the law states if your BAC is between .00% and .05%, a jury can presume that you are not impaired/under the influence. Between .05% and .08% there is no presumption and over .08% the jury could presume you were impaired (ARS 28-1381(G)) These levels are based on testing a lot of drunk college students. (This is why driving with a BAC over .08% is a separate crime from driving impaired. Even if you don't act impaired, the jury can presume that your ability to drive has been impaired)
However, because MJ has been illegal, in the US there has been no similar studies done of level of THC=impairment. A couple of months ago I spoke with a DPS criminalist who told me that those types of studies have been done in Europe and most findings seem to indicate that a level of 2 or 3ng/ml or greater of TCH would be equal to the over .08% BAC=impaired presumption.
But I have no idea if states that are legalizing MJ will go that route or how long it will take to get an agree-upon level. Like I said, there is mountains of scientific tests used by the State to back up the .08% BAC limit.