Now that marijuana has been legalized in Colorado, the Governor has another bill to review and possibly sign—a bill that sets a “stoned-driving standard” (HB 1325). The bill was sent the Governor for signature on May 23rd and is anticipated to be signed. Much like Colorado’s DUI laws, this bill would make it unlawful to operate a vehicle when a driver has THC (psychoactive ingredient in marijuana) levels over the legal limit.
Although the bill is far more flexible then the current DUI laws for violating drivers (by allowing such drivers to argue they were not impaired) the bill is still being resisted by some individuals. In fact, a frequent pot user has recently filed legal action to try and block the bill from being signed into law by the Governor.
The filing individual claims the bill violates the constitution because some users have higher blood levels of THC and therefore the standard, he argues, will not be equally applied to all users. This will allegedly be used as a means by which “to infringe on a selected group of people”. At a minimum, this individual indicated he would like to see the bill amended to provide exceptions for medical and spiritual users of marijuana.
If this bill gets signed into law by the Governor, will it provide a tool for associations to protect their streets from stoned drivers? How else do you think this proposed legislation could help (or hinder) associations?