On Tuesday, the Colorado State Senate passed legislation that establishes a standard for driving under the influence (DUI) of marijuana. House Bill 1325 sets the limit at five nanograms of THC per milliliter of blood. The bill passed by a 24-11 vote.

The too-stoned-to-drive law means that drivers caught with five nanograms or more of THC in their blood face penalties similar to drunk drivers, including loss of driving privileges. Marijuana advocates have criticized a pot DUI standard as THC can remain in the bloodstream for weeks, meaning that smokers could be found guilty of driving under the influence even if they were completely sober when stopped by police. Additionally, opponents of the measure believe a five nanogram limit is far too low. Legal medical cannabis patients are not exempt from the new law.

Similar bills seeking to establish a DUI standard in Colorado failed six times in the last three years.

The bill must now be approved by Governor John Hickenlooper to become law. Hickenlooper supports stoned driving legislation and has said he will sign the bill.

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