After last week’s article regarding biking under the influence (BUI), I was asked by several readers about the legality of driving high. It has long been believed that delta-9-tetrahydocannabinol (THC), the active ingredient in marijuana, impairs a person’s ability similar to alcohol. Researchers found THC disrupts coordination, judgment, perception, and reaction time. Accordingly, they concluded driving high would similarly increase the risk of accidents.
Given the increased permissibility and accessibility of marijuana throughout America, questions regarding the impact of marijuana use on driving performance have once again resurfaced. As scientific research on this issue has gained momentum in recent years, it turns out we may not have as much to fear as we once believed. It is now widely understood a person’s level of intoxication is affected by various factors, including plant strain, cultivation technique, mode of harvest, and route of ingestion. As it relates to plant strain, for instance, research has shown the Indica strain is used to relieve anxiety, pain, and cause sedation, which would lead to drowsiness. Sativa strains, on the other hand, produce an uplifting and cerebral high that is typically very energizing and stimulating.
Most research has shown that marijuana, when taken alone, produces a moderate degree of driving impairment which is directly related to the consumed THC dose. The impairment manifests itself in the ability to maintain a steady lateral position on the road but its magnitude is not exceptional in comparison with changes produced by many medicinal drugs and alcohol. Many scientists now believe drivers under the influence of marijuana retain insight in their performance and compensate by slowing down on increasing effort. Accordingly, THC’s adverse effects appear relatively small.
Unfortunately, this topic is no longer just academic in nature. Six months ago, voters in Colorado approved Amendment 64, making it legal for anyone over the age of 21 to use or possess marijuana for any purpose. The law did not legalize driving high. To the contrary, Colorado continues to criminalize the operation of any vehicle under the influence of or impaired by drugs or alcohol. Moreover, Colorado has defined “vehicle” as any “device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks.” Bikes are therefore considered vehicles in the eyes of the law and stoned cyclists are subject to the same criminal penalties as motorists, including jail time and fines.
As a Denver bike accident attorney, I cannot help but imagine a situation where the influence of marijuana might have a dangerous effect. There is no doubt emergency situations requires alertness and the driver must have the ability to control a two-ton machine. Unfortunately, none of the research has tested the effects of marijuana as it relates to driving high.
Driving high also exposes the population to liability in a civil case involving a personal injury. Evidence of intoxication can lay a foundation for a defense of contributory negligence in the event a driver is injured after an accident and bring san action for damages. Thus, cyclists must be cognizant of their level of intoxication and refrain from riding if marijuana is in their system.
For more information, contact our attorneys today at 720.863.6904 or email us for your free consultation. Our lawyers handle a wide range of personal injury cases, including Motor Vehicle Accidents, Bicycle Accidents, Pedestrian Accidents, Slip & Fall Accidents, and Dog Bites & Attacks. We service Arvada, Aurora, Boulder, Broomfield, Denver, Commerce City, Lakewood, Littleton, Thornton, Westminster, Wheat Ridge, and other parts of metropolitan Denver, Colorado.
Owner and Managing Attorney
Jerry Bowman, J.D., M.A., Owner and managing attorney of Bowman Law LLC, takes his responsibility to the legal profession seriously and dedicates his time and effort to providing quality and competent legal representation to clients in Denver and throughout all of Colorado. He holds an MA in Political Science from Wayne State University and earned his law degree in two and a half years from Michigan State University College of Law.