Lawyer Q&A: Medical Marijuana

 David Kosmecki, Justin Klitch

Due to all of the new laws passed at the beginning of the year, several questions are presented to me on a daily basis. Here is another round of Lawyer Q&A, with this weeks topic on Marijuana and DUI laws. I have been practicing law in Boulder, Colorado for over 20 years and specialize in DUI defense.  Please contact me today if you are in need of DUI defense or any attorney services. I am here to help!

 Q: “Are you allowed to drive if you use medical marijuana and are licensed by the state?”

My answer:

There are many prescribed medications that will impair your ability to drive. Any of them, including medical marijuana, could cause you to be guilty of a DUI or DWAI. If you drive and your tested blood shows levels of the medication or THC from Marijuana then you may be impaired and may be convicted. It is a very serious business and the police are cracking down on Medical Marijuana and driving.

 If you have any questions regarding marijuana laws, don’t hesitate to call me today at (303) 442-6448!



Marijuana Laws



Q: “Since laws have passed in Colorado legalizing recreational marijuana use, is it OK to smoke and drive?”

 A: The laws that govern smoking and driving are the same as the laws for drinking and driving. For those over 21, drinking alcohol and smoking pot may be legal, but when their use impairs or puts a driver under the influence it is a crime. There are ways of measuring the THC content of your blood. If there are active THC markers in your blood there is a good chance that your ability could be considered impaired. Right now with even a couple of nanograms you are believed to be impaired and over 5ng and they consider it to be under the influence. The District Attorney has expert witnesses that would testify to that relationship in court.

So just like drinking, one must wait until the marijuana has left your system before you operate a motor vehicle. The time that the effects of marijuana wear off vary between people just as alcohol does. It is best not to take chances and wait until it wears off. The police are trained to spot the effects and will not hesitate to write the ticket. If you do get a ticket, take it seriously. The blood tests can show THC levels for many days but not the active THC levels. Those wear off much more quickly and are what will cause impairment.

I have been practicing in Boulder and surrounding areas since 1983 and followed each year with the changes with the DMV and the County Court. I want you to feel confident that your rights are protected and that someone will guide you through the maze that is our justice system.

Please give me a call (303) 442-6448 for a free consultation so I can talk with you about your unique situation and give you the advice to help make the best of a difficult situation. I will let you know what actions you should take now to make the penalty phase turn out best for you. For any more information on DUI defense or marijuana laws, please visit my website.


Attorney Paul Stuber Blog


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 If you live in Boulder or surrounding areas and need an attorney in areas that include Trust and Estate Planning, DUI Defense, and Bankruptcy give The Law Offices Of Paul Stuber a call today. I have been practicing law in Colorado since 1983.

Check back to my blog weekly for more information on all of these areas. I will be posting more information on these areas for you here or at my website. Also, feel free to check out my Facebook page, or follow me on Twitter for more updates. If you have any questions, please feel free to give me a call at (303) 442-6448 or send me an email to [email protected]. My goal is to provide personal service. I would love to hear from you!


Happy New Year


Happy New Year from everyone at The Law Office of Paul Stuber! As the new year is now upon us, here is some useful information on changes from the Colorado Motor Vehicle Department regarding Ignition Interlock devices.

Ignition Interlock is a device that is installed on motor vehicles to prohibit individuals from operating a vehicle while under the influence of alcohol. It requires your breath sample before the engine will start and you are periodically required to provide breath samples while driving. If the device detects an elevated alcohol concentration level the vehicle will not start.

Important!  Legislative mandates effective 01/01/14 have significant changes to previous laws involving alcohol violations, Persistent Drunk Drivers (PDD) and the Ignition Interlock program.  Those changes include:

·         The reduction of the Blood Alcohol Content (BAC) on a chemical test from 0.17 to 0.15 to designate you as a Persistent Drunk Driver.

·         The refusal of a chemical test at a traffic stop on or after 01/01/14 will now result in a Persistent Drunk Driver designation.

·         If you have refused a chemical test prior to 01/01/14 and were previously ineligible to reinstate early with Interlock, you may now either finish serving the remainder of your revocation and reinstate with full driving privileges, or serve at least two months and apply for early reinstatement with Interlock for one year.  You are not eligible for Financial Assistance in this case.

If you have multiple alcohol violations or refusals on your record, the wait time for early reinstatement with Interlock has been reduced to one or two months, respectively. For more information on ignition interlock devices please contact us today at 303-442-6448.