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Driver acquitted of marijuana DUI despite high blood test

DENVER — A Denver woman has been acquitted of driving stoned, even though she tested nearly four times above the state’s legal limit for marijuana.

Melanie Brinegar's blood came back at 19 nanograms, the state’s legal limit is 5 nanograms. "5 nanograms is not logical, it`s not fair to medical patients," said Brinegar.

The 29-year-old was pulled over in June of 2014 for an expired license plate tag. "He (police officer) smelled marijuana, I told him I'm a medical marijuana patient," said Brinegar. Read More...

Denver DUI and Drug Lawyers

Melanie Brinegar acquitted of driving stoned—and here's why...

Yet a jury has now acquitted her of any wrongdoing.

What led to this verdict? Rather than accepting a plea bargain, Brinegar, a medical marijuana patient who works at RiverRock dispensary, vigorously (and publicly) fought the accusations against her — and she ultimately triumphed in part due to a key provision in the 2013 Colorado law that established levels for marijuana intoxication.

As we've reported, legislation from 2011 and 2012 would have established THC intoxication at five nanograms per milliliter of blood and made this standard per se — meaning that a test registering five nanograms or more would have been seen as irrefutable proof of intoxication. Read More...

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