How will over-the-limit, DUI driving infractions be determined

[green for victory]

66. .05 nanograms or greater of THC in the blood stream

as determined by an authorized blood draw and analysis. Those who are convicted under this statute will face the same DUI penalties as one convicted under the alcohol DUI statute.

http://www.washingtondui.com/blog/I502-washington-marijuana-dui-law-changes

"...Studies suggest that individuals can pass physical and cognitive tests at a much higher THC level than the current legal standard. Additionally, people would likely register the 5 nanograms level or higher even several hours after marijuana consumption. So whereas the laws as they relate to alcohol DUI at least attempt to criminalize driving after consuming an amount that would affect one's ability to drive, the recently passed THC levels appear to more arbitrary. In fact, whereas there is tolerance within the law for driving after drinking alcohol responsibly, no such tolerance exists with respect to marijuana consumption prior to driving after the passage of I-502..

Effects on Medical Marijuana users

It's one thing to tell a recreational drug user that there is no tolerance for driving after consumption of the drug. It's another thing entirely to take the keys out of the hands of one who relies on a prescription medication regardless of impairment or lack thereof. Unfortunately, that is exactly what I-502 appears to do. Because the established legal limit is so low, it is very likely that anyone who uses marijuana on a daily basis for medical and therapeutic purposes will find themselves over the new legal limit at virtually all times.

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Consequences of DUI Marijuana

Regardless of how a person is affected, anybody found driving over the legal limit of .05 milligrams in Washington can and will be slapped with consequences that include a 90 day license suspension for first time offenders, and 2 years for a second. Medical marijuana users are concerned, being that they generally have high levels of THC in their systems most of the time.

The moral of the story is that while using marijuana is legal in Washington, getting caught driving after having consumed any amount can lead to a DUI. With the marijuana laws so new, and other states likely to follow suit, you are sure to variations of these laws springing up with revisions, redactions, and plenty of people fighting them, but there is one thing that’s for sure—laws that seek to define “under the influence of marijuana” are here to stay.

http://www.duiprocess.com/blog/washington-legislation-defines-driving-influence-marijuana/

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Colorado:

Marijuana DUI Bill Dies: State Senate Rejects Bill After House Approval

"...The Colorado Senate fell a single vote short on the bill setting a drivers' blood standard for THC, the psychoactive ingredient in marijuana. The measure failed on a 17-17 tie, one vote short of the number needed to advance it.

Earlier Tuesday, the state House signed off again on the bill that would limit drivers to 5 nanograms of THC per milliliter of blood. Sponsors talked about Colorado's rising arrest rates for people driving under the influence of drugs, as well as data from the National Highway Traffic Safety Administration showing more drivers in fatal accidents test positive for marijuana.

http://www.huffingtonpost.com/2012/05/15/marijuana-dui-bill-dies-s_n_1518617.html

Colorado's Newly Legal Pot Smokers May Face Stricter DUI Standard

The Denver Post reports that Colorado legislators are moving toward a new standard for driving under the influence of marijuana now that Amendment 64 has made the plant legal for adults 21 and older to grow and consume. ...>>more

http://reason.com/blog/2012/12/11/new-dui-standard-for-colorado-pot-smoker

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NORML: DUID Legislation: What It Means, Who's Behind It, and Strategies to Prevent It

There's a new front in the "War on Drugs" and its name is DUID.

DUID, short for "driving under the influence of drugs," is the latest buzzword among politicians and police -- however, in this case, words can be deceiving.

Though billed[1] by its proponents as a necessary tool to crack down on persons who operate a motor vehicle while impaired by illicit drugs, in reality, many newly proposed DUID laws -- in particular "zero tolerance" per se laws -- have little to do with promoting public safety or identifying motorists who drive while intoxicated. Rather, these laws potentially classify many sober drivers as impaired under the law solely because they were presumed to have consumed a controlled substance -- particularly marijuana -- at some previous, unspecified point in time...>>MORE

http://norml.org/library/item/you-are-going-directly-to-jail