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.

In fact, Brinegar moved to Colorado two years ago from Indiana so that she could legally access medical marijuana.

"I'm constantly in pain if I don't use cannabis," said Brinegar.

The Denver woman works at a medical marijuana dispensary and was heading to work when Westminster police said she failed a roadside sobriety test.

But Brinegar's attorney, Colin McCallin, convinced a Jefferson County jury that Brinegar's roadside results wouldn't be unusual for a sober person and insisted she wasn't impaired when she was stopped.