Lately there has been a real demand for Marijuana legalization across the nation. One of the concerns that arise with this radical change in the law that is not often discussed is what kind of impact Marijuana legalization have on DUI laws.
If Marijuana legalization is to gain some serious traction I believe there are two issues to be addressed when it comes 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 to determine what the limit legal 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 a legal limit. For example In Nevada or Ohio there is a 2 nanogram limit. In other words that is the equivalent of a.08 alcohol threshold for alcohol-related DUI 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 percent.
The second issue that needs to be determined is whether both the active THC and the inactive metabolite THC will be punished. The states with as a matter of fact DUI laws have also formulated more inactive THC metabolite in light https://baghoomianlaw.com/ of the fact that the longer the metabolite stays in the system , the lesser impact it's going to 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.
In my opinion if the issues aren't resolved than this area of law will continue to be very complicated when it comes down to DUIs. When I am representing those accused of a Marijuana DUI, it really appears that the different Prosecutors appear to have different opinions about at what point the Marijuana impairs the individual. A toxicologist is normally employed by the prosecution to provide evidence on the effects of marijuana on the human body, and at what level is thought to be impaired based on various studies. Because of the ambiguities and the many different theories of science that exist regarding this, usually the Defense employs an expert to counter what the Prosecutors expert states.
If legalization of Marijuana does happen as well as the issues 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 one's ability to operative in a vehicle.