Lately there is a major push for Marijuana legalization across the United States. One of the concerns that come with such a radical shift in the law that is rarely debated is what impact would Marijuana legalization affect DUI laws.
If Marijuana legalization actually does become a reality according to me, There are two questions that need to be addressed with regard to Marijuana DUI cases. The first is whether there is a legal limit of Marijuana. The second issue is whether both the active and inactive amounts of marijuana be considered criminalized.
The first issue that needs to be determined to determine what the limit legal would be. In the United States there are several states that have enacted in their own laws regarding Marijuana DUI cases meaning they have set a legal limit. For example the states of Nevada as well as Ohio there are two nanogram limits. That is their equivalent of a.08 alcohol limit for DUI involving alcohol charges. Based on the studies I've done, it's interesting that Nevada's strict per se laws led to an increase of Marijuana DUI arrests by 76 percent, while Ohio's implementation of these laws led to the reduction of 4.8 percent.
The other issue to be sorted out is whether both active THC and the inactive metabolite THC are criminalized. States that have in their own DUI laws also have an increased amount of inactive THC metabolite considering that the longer it remains in the system, the less impact it has in affecting an individual. For instance, both Nevada and Ohio have a 10 nanogram limit of this inactive substance.
I believe that if these issues remain unsolved the law remains unclear when it comes to DUIs. In reality, whenever I represent someone who is charged with the crime of a Marijuana DUI and it appears that the different Prosecutors appear to have different thoughts about at what point the Marijuana can affect the individual. A toxicologist is typically employed by the Prosecution to present evidence regarding the effects of marijuana on the human body, at what point is it considered to be impairing, based on different studies. Due to the https://baghoomianlaw.com/ uncertainty and all the different scientific theories out there in this regard, the Defense also uses an expert to argue the evidence presented by the expert of the Prosecutors.
If legalization of Marijuana is approved and the two issues I mentioned are considered than it would make the law clearer and aid people in understanding the effects than Marijuana can cause on the ability of the vehicle.