Lately there has been a significant campaign for Marijuana legalization across the nation. One of the concerns which arise from such a radical change in law that is rarely discussed is the impact would Marijuana legalization affect DUI laws.
If Marijuana legalization actually does become a reality according to me, it is a matter of two things to be resolved with regard to Marijuana DUI cases. The first is whether there is an acceptable limit for Marijuana. Secondly, would both the inactive and active quantities of cannabis be deemed illegal.
The first thing that has to be decided is what the legal limit would be. In the United States there are several states that have enacted per se laws for 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 interesting to note that Nevada's stricter per se laws caused an increase of Marijuana DUI arrests by 76%, while Ohio's enactment of these laws led to the reduction of 4.8%
Another issue that has to be determined is whether both the active THC and the inactive metabolite of THC are criminalized. States that have per se DUI laws have also created a higher level of inactive THC metabolite in light of the fact that the longer the metabolite stays in the system , the lesser impact it's going to have on impairing an individual. For example both Nevada or Ohio have a 10 nanogram limit of the inactive metabolite.
In my opinion if these issues are not determined the law will continue to be very murky when it comes to DUIs. In fact whenever I represent someone accused of an Marijuana DUI It seems that different Prosecutors seem https://baghoomianlaw.com/ to have different thoughts about at what point 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 considered to be impairing, based on different studies. Because of the ambiguities and the various scientific theories out there in this regard, the Defense employs an expert to challenge what the Prosecutors expert says.
If legalization of Marijuana is approved when the two points that I discussed are considered , it will make this legal area much more tangible and assist people to understand the impairment that Marijuana may cause to the ability of a vehicle.