Recently, there is a major push for Marijuana legalization throughout the country. One of the concerns 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 an acceptable limit for Marijuana, and secondly would both inactive and active quantities of cannabis be criminalized.
The first thing that has to be decided is what the legal limit should be. For the United States there are several states that have passed per se laws for Marijuana DUI cases meaning they have established an official limit. For instance, the states of Nevada or Ohio there is a 2 nanogram limit. This is the equivalent of a.08 alcohol threshold for alcohol-related DUI charges. Based on the research I have done it is fascinating that Nevada's strict law enforcement has led to an increase in Marijuana DUI arrests by 76%, while Ohio's enactment of these laws caused a decreased of 4.8%
The second issue that needs to be determined is whether both the active THC and the inactive metabolite of THC will be criminalized. Those 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 the law will continue to be very unclear when it comes to DUIs. In fact whenever I represent someone who is charged with an Marijuana DUI and it 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 also uses an expert to argue the evidence presented by the expert https://baghoomianlaw.com/ of the Prosecutors.
If legalization of Marijuana is approved 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.