There has been a significant campaign for Marijuana legalization across the nation. One of the issues which arise from such a radical change in law that is rarely discussed is what kind of impact Marijuana legalization would impact DUI laws.
If Marijuana legalization is to get some serious attention, I believe it is a matter of two things to be resolved in relation in Marijuana DUI cases. The first issue is whether there should be any legal limits on Marijuana. The second issue is whether both the inactive and active levels of Marijuana be deemed illegal.
The first question that has to be determined will be what the legally-enforceable limit will be. In the United States there are several states that have enacted specific laws for Marijuana DUI cases meaning they have set a legal limit. For example In Nevada as well as Ohio there are two nanogram limits. In other words that is their equivalent of a.08 alcohol limit for DUI involving alcohol charges. Based on the study I have done it is fascinating that Nevada's strict per se laws led to an increase in Marijuana DUI arrests by 76 percent, whereas Ohio's adoption of these laws led to the reduction of 4.8%
The second issue that needs to be determined is whether both the active THC and the inactive metabolite of THC will be criminalized. Those states that have per se DUI laws have also created a higher level of inactive THC metabolite, taking into consideration that the longer is stays in the system the less impact it will have on impairing an individual. For example both Nevada and Ohio have a 10-nanogram limit for this inactive substance.
I believe that if these issues remain unsolved the law will continue to be very 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 opinions about at what point the https://baghoomianlaw.com/ Marijuana can affect the individual. A toxicologist is normally employed by the prosecution to testify about the effects of marijuana on the human bodyand at what levels are generally considered impairing based on different studies. Because of the uncertainties and the various scientific theories out there about this issue, typically the Defense also employs an expert to counter what the Prosecutors expert says.
If the legalization of marijuana does occur as well as the issues that I discussed are taken into consideration, it will make this area of law much more tangible and help individuals understand the impairment that Marijuana causes on the ability of the vehicle.