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Can You Be Charged with a Marijuana DUI If You Have a Medical Card in Colorado?

Colorado has some of the most progressive marijuana laws in the country, allowing both recreational and medical use. However, legal use of marijuana doesn’t mean immunity from DUI charges. Many medical marijuana cardholders believe their legal right to use cannabis protects them from a DUI, but this is not the case. Colorado law strictly prohibits driving under the influence of any substance, including marijuana, regardless of whether you have a medical card. If you’re a medical marijuana user, here’s what you need to know about DUI laws in Colorado and how they may apply to you.

What Is Colorado’s Marijuana DUI Law?

In Colorado, it is illegal to drive while under the influence of marijuana. The state defines a person as being under the influence if their ability to operate a vehicle is "substantially impaired" by the consumption of drugs, alcohol, or both. For marijuana, the law establishes a "permissible inference" that a driver is impaired if they have 5 nanograms or more of THC (the psychoactive compound in marijuana) per milliliter of blood.

It’s important to note that this 5-nanogram limit is not a strict threshold. Even if your THC level is below this limit, law enforcement can still charge you with a DUI if they believe your driving was impaired by marijuana use. Conversely, drivers with a medical marijuana card are not exempt from these laws. Whether your use is recreational or medicinal, the rules regarding impaired driving apply equally to all Colorado drivers.

Can You Be Charged with a DUI If You’re a Medical Marijuana Cardholder?

Yes, having a medical marijuana card does not protect you from being charged with a marijuana DUI. Colorado law does not differentiate between medical and recreational marijuana when it comes to impaired driving. Even if you are using marijuana to treat a legitimate medical condition, driving while under the influence can still result in a DUI charge.

Additionally, medical marijuana cardholders may face heightened scrutiny during a traffic stop if law enforcement discovers they are using cannabis. Officers may administer field sobriety tests or request a blood test to determine THC levels. If your THC levels are above the permissible inference limit of 5 nanograms or if your driving behavior suggests impairment, you could be charged with a marijuana DUI.

How Does Colorado Measure Marijuana Impairment?

Determining marijuana impairment is more complicated than alcohol-related DUIs. Unlike alcohol, which has clear correlations between blood alcohol content (BAC) and impairment, THC affects individuals differently. Factors such as frequency of use, tolerance levels, and how recently you consumed marijuana can all influence the presence of THC in your system without necessarily indicating impairment.

Law enforcement officers in Colorado rely on several methods to assess impairment, including:

  • Field Sobriety Tests: These tests evaluate physical coordination and cognitive function, such as walking in a straight line or following an object with your eyes. However, these tests can be subjective and influenced by other factors.
  • Blood Tests: If an officer suspects marijuana impairment, they may request a blood test to measure THC levels. Refusing a test can result in automatic penalties, such as license suspension, under Colorado’s implied consent laws.
  • Officer Observations: Police officers may document signs of impairment, such as red eyes, delayed reactions, or the smell of marijuana in the vehicle.

Because these methods are not foolproof, it’s crucial to consult with an experienced DUI attorney if you’re charged with a marijuana DUI, especially as a medical marijuana cardholder.

What Are the Penalties for a Marijuana DUI in Colorado?

The penalties for a marijuana DUI in Colorado are the same as those for an alcohol-related DUI. They include:

  • First Offense: Up to $1,000 in fines, 48 to 96 hours of community service, up to 1 year in jail, and a 9-month license suspension.
  • Second Offense: Fines up to $1,500, 48 to 120 hours of community service, up to 1 year in jail, and a 1-year license suspension.
  • Third or Subsequent Offenses: Harsher penalties, including longer jail sentences, increased fines, and extended license suspension periods.

In addition to these penalties, a marijuana DUI conviction will appear on your criminal record, potentially impacting your employment opportunities, insurance rates, and more. For medical marijuana users, a conviction may also raise questions about your ability to manage your condition responsibly.

Call the Law Office of James Colgan Today for Your Marijuana DUI

If you’ve been charged with a marijuana DUI as a medical marijuana cardholder, an experienced DUI attorney can make all the difference in your case. A skilled attorney can help by:

  • Challenging THC Evidence: Attorneys can question the validity of blood test results, particularly if there are inconsistencies or delays in testing. They may also argue that your THC levels do not reflect impairment due to frequent use.
  • Highlighting Officer Missteps: If law enforcement officers violated your rights during the traffic stop, such as conducting an unlawful search or failing to properly administer field sobriety tests, your attorney can use this to your advantage.
  • Presenting Alternative Explanations: Your attorney can argue that other factors, such as fatigue or a medical condition, caused any perceived signs of impairment.
  • Negotiating Reduced Penalties: If conviction is unavoidable, an attorney can work to negotiate reduced charges or penalties to minimize the impact on your life.

At the Law Office of James Colgan, we understand the unique challenges medical marijuana users face when charged with a DUI. Our team has extensive experience defending clients in marijuana-related DUI cases and will fight tirelessly to protect your rights and your future.

If you’ve been charged with a marijuana DUI in Colorado, contact us today to schedule a consultation. Let us help you navigate the legal system and build the strongest defense possible for your case.

 

January 21, 2025
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