Lately there has been a real demand for Marijuana legalization across the nation. One of the issues which arise from such a radical change in law that is seldom discussed is the effect Marijuana legalization would affect DUI laws.
If Marijuana legalization does actually become a reality in my opinion There are two questions that need to be resolved with regard to Marijuana DUI cases. The first is whether there is a legal limit of Marijuana. The second issue is whether both the inactive and active amounts of marijuana be considered criminalized.
The first issue that needs to be determined 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 set 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 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 caused an increase of 4.8%
Another issue that has to be sorted out is whether both active THC and the inactive metabolite of THC are criminalized. States that have per se DUI laws also have a higher level of inactive THC metabolite, taking into consideration that the longer is remains in the system, the less impact it has in affecting an individual. For instance, both Nevada as well as Ohio have a 10 nanogram limit of the inactive metabolite.
I believe that if these issues are not determined then this legal area remains unclear when it comes to DUIs. When I am representing anyone who is charged with the crime of a Marijuana DUI, it really appears that the different Prosecutors appear to have different thoughts about when Marijuana impairs the individual. A toxicologist is normally employed by the Prosecution to present evidence regarding 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 all the different scientific theories out there in this regard, the Defense also uses an expert to argue what the https://baghoomianlaw.com/ Prosecutors expert says.
If the legalization of marijuana does occur and the two issues that I discussed are considered than it would make this legal area much more concrete and would assist people to understand the impairment that Marijuana may cause to the ability of an individual to operate a vehicle.