Lately there has been a real demand 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 inactive and active amounts of marijuana be considered criminalized.
The first question that has to be determined to determine what the limit legal 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. 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 law enforcement has led to an increase in Marijuana DUI arrests by 76%, while Ohio's enactment of these laws resulted in an increase of 4.8%
Another issue that has to be resolved is whether both the active THC and the inactive metabolite of 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 for this inactive substance.
I believe that if these issues remain unsolved then this legal area will continue to be very murky when it comes to DUIs. In fact whenever I represent someone who is charged with an Marijuana DUI, it really appears that the different Prosecutors appear to have different thoughts about at what point 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 uncertainty and all the different theories that are available in the field of science in this regard, the Defense employs an expert to challenge what the Prosecutors expert states.
If legalization of https://baghoomianlaw.com/ Marijuana does happen when the two points I discussed are considered , it will make this area of law clearer and aid people in understanding the effects that Marijuana causes on the ability of the vehicle.