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Some Guy
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A controversial measure which sets a THC-blood limit for Colorado motorists -- a concept which has failed six times in the last three years in the state legislature -- passed in the state Senate, Tuesday.
The Senate passed House Bill 1325 on a 24-11 vote and it now heads to Gov. John Hickenlooper who has said he supports a marijuana DUI framework for the state.
Under HB 1325, drivers caught with 5 nanograms of THC, the psychoactive ingredient in marijuana which produces the "high" sensation, in their blood would be considered too stoned to drive and could be ticketed similarly to a person who was considered too drunk to drive.
The bill, which was just introduced last week, is an exact copy of another bill which was killed by the Senate earlier this year. Also last week, an identical measure which had been amended to House Bill 1317, the recreational marijuana regulatory framework proposal, was stripped from the bill in Senate committee. But this newly introduced stand-alone version appears poised to now become law.
As in previous years when marijuana DUI bills have come up for debate, opponents say that the 5 nanogram standard is too low for frequent pot smokers, especially medical marijuana patients, who regularly have this level of THC in the bloodstream and therefore, if passed, these people would lose their driving privileges, The Denver Post reports.
But HB-1325 allows for a person who has been charged with having 5 nanograms of THC in their blood to rebut the charge that they are too impaired to drive.
"For example, if you did not exhibit poor driving, you can put that on as evidence to say, 'Look my driving was not poor, I'm not unsafe to operate a motor vehicle,'" Rep. Mark Waller (R-Colorado Springs) said during earlier hearings of an identical bill which was killed.
All of the previous failed marijuana DUI bills were "per se" bills -- meaning if a driver tested above the legal 5 nanogram limit, the result would be an automatic conviction nearly every time.
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