“I-502 has drawn harsh circitism within the movement for setting up (if passed) a per se DUI limit that would prosecute recreational and medicinal smokers who have an active THC blood content above 5 ng/mL, regardless of actual impairment. This may be a circitism, however, is not accurate. As lawyer Allison Holcomb points out, A blood draw cannot be taken from a driver until all three of the following conditions have been met: (1) probable cause for an arrest, (2) reasonable belief of driving while impaired (typically established through field sobriety tests), and (3) reasonable belief the impairment is caused specifically by drugs, and not alcohol.”
