Lately there has been a real 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 question is whether there would be an acceptable limit for Marijuana. Secondly, would both the active and inactive amounts of marijuana be considered criminalized.
The first issue that needs to be resolved is what the legal limit would be. For the United States there are several states that have passed in their own laws regarding Marijuana DUI cases meaning they have established an official limit. For instance, the states of Nevada or Ohio there is a limit of 2 nanograms. This is their equivalent of a.08 alcohol limit for DUI involving alcohol charges. Based on the research I have done it is fascinating that Nevada's strict law enforcement has led https://baghoomianlaw.com/ to an increase of Marijuana DUI arrests by 76%, while Ohio's enactment of these laws caused the reduction of 4.8 percent.
Another issue that has to be resolved is whether both the active THC and the inactive metabolite THC are 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 affecting the individual. For example both Nevada and Ohio have a 10-nanogram limit on this inactive substance.
I believe that if these issues remain unsolved the law remains unclear when it comes to DUIs. When I am representing someone accused of an Marijuana DUI and it seems that different Prosecutors seem to have different opinions about at what point the Marijuana affects the person. A toxicologist is normally employed by the Prosecution to provide evidence on the effects of marijuana on the human body, and at what levels are generally thought to be impaired based on various studies. Because of the uncertainties and all the different theories that are available in the field of science regarding this, usually the Defense also uses an expert to argue what the Prosecutors expert states.
If legalization of marijuana does occur and the two issues I mentioned are considered , it will make this area of law much more concrete and would aid people in understanding the effects that Marijuana causes on one's ability to operative a vehicle.