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Can You Eat Products Containing Marijuana and Operate a Car?

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Attorney Christian Schwaner

Marijuana Possession and Consumption Defense Attorney Serving the Colorado Springs Area

Colorado was the first state in the United States to legalize the use of marijuana. However, there are rules to this legalization, and you cannot simply use marijuana at your leisure.

Like alcohol, there are obligations that users of marijuana products must understand – there are also legal ramifications, if you ignore those regulations. For starters, you can only legally possess one ounce at a time. You cannot use cannabis or marijuana in public places of any sort. Further, driving under the influence of cannabis-containing products is illegal.

So, what does that mean if you were to eat a product containing marijuana? After all, some supply stores will sell treats and snacks that have cannabis oil and other THC-containing derivatives. To answer this question, you must first understand how marijuana laws work in the state, and your obligations to those laws as a user.

The Acceptable Age

Just like alcohol, you must be 21 years old to purchase or possess marijuana. If you were to be in possession of a marijuana-based product under the age of 21, you could still be arrested for a drug crime.

Petty Drug Offenses and Federal Drug Offenses Still Apply

You cannot drive purchased cannabis or marijuana in Colorado and drive to neighboring states. Doing so is still a federal crime. Why? Because the federal government considers marijuana an illegal, controlled substance. Therefore, transporting it across state lines is a federal offense. You could also be disqualified from employment, student loans, and government benefits if you are a registered user of marijuana.

Understanding the Legal Limit

The legal limit for a DWAI in Colorado is based on the total percentage of nanogram counts in your blood. It does not matter if you ate a product with marijuana or if you smoked it directly – if your blood shows five nanograms or more per milliliter of delta 9-tetrahydrocannabinol, you will be arrested and charged with driving under the influence. If law enforcement suspects that you have been driving while drugged, they have the right to conduct a test.

The mere presence of marijuana in your blood is not grounds to charge you with a crime, however. Instead, your limit must be over the five nanogram threshold. If you consume a product containing marijuana, but your blood content shows under five nanograms, then you would not be arrested or charged with drugged driving.

Arrested for Drugged Driving? Contact an Attorney Right Away

If you or a loved one has been arrested for driving under the influence of THC, it is imperative that you speak with an attorney as soon as possible.

Contact an attorney who has years of experience prosecuting and defending these types of cases. Christian A. Schwaner, P.C. is a former prosecutor who is ready to defend your rights aggressively.

Meet with him for a no-obligation consultation by calling him directly at 719-577-9700 or request your appointment online.

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Christian A. Schwaner

Experienced Criminal Defense Attorney

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Christian is a Former Deputy District Attorney who has been defending clients for the last twenty years in the Colorado Springs area. He knows the system and can help clients facing a wide range of criminal charges.

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