There has been a real demand for Marijuana legalization across the United States. One of the problems that arise with this radical shift in the law that is not often debated is what impact Marijuana legalization affect DUI laws.
If Marijuana legalization does actually become a reality in my opinion There are two questions to be addressed when it comes to Marijuana DUI cases. The first issue is whether there should be any legal limits on Marijuana, and secondly would both inactive and active amounts of marijuana be deemed illegal.
The first thing that has to be decided is what the legal limit will be. In the United States there are several states that have enacted in their own laws regarding Marijuana DUI cases meaning they have established a legal limit. For instance, in Nevada and Ohio there is a 2 nanogram limit. In other words that is equivalent to a.08 alcohol limit for DUI involving alcohol charges. Based on the research I have done it is fascinating that Nevada's strict per se laws caused an increase of Marijuana DUI arrests by 76 percent, whereas Ohio's adoption of these laws resulted in a decreased of 4.8 percent.
The other issue to be resolved is whether both active THC and the inactive metabolite of THC will be punished. States that have per se DUI laws have also formulated an increased amount of inactive THC metabolite, taking into consideration that the longer it stays in the system , the less impact it will have on impairing an individual. For instance, both Nevada or Ohio have a 10 nanogram limit on this inactive substance.
In my opinion if these issues remain unsolved than this area of law will continue to be very complicated when it comes down to DUIs. In fact whenever I represent anyone accused of an Marijuana DUI It appears that the different Prosecutors appear to have different thoughts about at what point Marijuana affects the person. A toxicologist is typically employed by the prosecution to testify about the effects of Marijuana on the human body, and at what point is it considered impairing based on different studies. Because of the ambiguities and all https://baghoomianlaw.com/ the different scientific theories out there regarding this, usually the Defense employs an expert to challenge the evidence presented by the expert of the Prosecutors.
If the legalization of marijuana does occur when the two points I mentioned are considered than it would make this legal area much more tangible and help individuals understand the impairment that Marijuana causes on the ability of the vehicle.