Colorado passed House Bill 1325, sometimes referred to as the drugged driving bill or the driving while stoned bill or the too high to drive bill. The limit for marijuana in a driver’s system is now 5 nanograms of THC (Delta 9-Tetrahydrocannabinol- the active ingredient in marijuana) per milliliter of blood. If the Driver in a DUI drugs case submits a blood test reflecting a blood content of 5 nanograms of THC per milliliter of blood, the statute indicates that there is a permissible inference that the defendant driver was under the influence of drugs. A Colorado jury will ultimately decide if the defendant driver was under the influence. However, this 5 nanogram limit now gives prosecutors a strong edge in arguing that a driver was DUI. Juries are not required to find a defendant driver guilty in cases where their blood content is 5 nanograms, however in all practicality, it puts the onus on the defendant driver to show that they weren’t DUI. A defendant must then show that they weren’t under the influence even though their THC level exceeded the nanogram numerical level set forth by statute.