Recently, there has been a significant campaign for Marijuana legalization throughout the country. One of the problems that arise with this radical shift in the law that is not often discussed is what kind of impact Marijuana legalization have on DUI laws.
If Marijuana legalization is to get some serious attention, I believe it is a matter of two things to be addressed when it comes in Marijuana DUI cases. The first question is whether there would be any legal limits on Marijuana, and secondly would both inactive and active quantities of cannabis be criminalized.
The first thing that has to be decided 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 established 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've done, it's 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 percent.
The second issue that needs to be determined is whether both the active THC and the inactive metabolite THC will be punished. Those states that have per se DUI laws have also created a higher level of inactive THC metabolite, taking into consideration that the longer the metabolite stays in the system the less impact it will have on affecting the individual. In the case of Ohio and Nevada, Nevada or Ohio have a 10-nanogram limit on an inactive THC metabolite.
If the issues aren't resolved then this legal area will continue to be very murky when it comes to DUIs. In fact whenever I represent those accused of an Marijuana DUI, it really seems that different Prosecutors seem to have different thoughts about at what point Marijuana affects the person. A toxicologist is usually employed by the Prosecution to present evidence regarding the effects of Marijuana on the human body, at what point is it thought to be impaired based on various studies. Due to the uncertainty and the many different theories that are available in the field of science https://baghoomianlaw.com/ in this regard, the Defense employs an expert to challenge what the Prosecutors expert states.
If legalization of Marijuana does happen when the two points I mentioned are considered , it will make the law clearer and aid people in understanding the effects than Marijuana can cause on the ability of the vehicle.