There has been a real campaign for Marijuana legalization throughout the country. One of the problems which arise from such a radical shift in the law that is rarely discussed is the impact Marijuana legalization would affect DUI laws.
If Marijuana legalization does actually get some serious attention, in my opinion it is a matter of two things that need to be addressed with regard in Marijuana DUI cases. The first is whether there would be any legal limits on Marijuana. Secondly, would both the inactive and active amounts of marijuana be criminalized.
The first issue that needs to be determined to determine what the limit legal will be. In the United States there are several states that have passed specific laws for Marijuana DUI cases meaning they have set an official limit. For instance, the states of Nevada or Ohio there are two nanogram limits. That is the equivalent of a.08 alcohol level for alcohol related DUI charges. Based on the studies I've conducted, it's fascinating that Nevada's strict law enforcement has led to an increase of Marijuana DUI arrests by 76 percent, while Ohio's implementation of these laws caused the reduction of 4.8%
Another issue that has to be sorted out is whether both active THC and the inactive metabolite THC are criminalized. States that have in their own DUI laws have also created an increased amount of inactive THC metabolite in light of the fact that the longer is remains in the system, the lesser impact it's going to have on impairing an individual. In the case of Ohio and Nevada, Nevada or Ohio have a 10-nanogram limit for this inactive substance.
If these issues are not determined than this area of law remains murky when it comes to DUIs. In fact whenever I represent anyone accused of a Marijuana DUI and it appears that different prosecutor seem to have differing opinions on at what point Marijuana can affect the individual. A toxicologist is usually used by the Prosecution to testify about the effects of marijuana on the human body, at what levels are generally thought to be impaired based on various studies. Due to the uncertainty and the various scientific theories out there regarding this, usually the Defense also employs an expert to challenge what the Prosecutors expert says.
If the legalization of marijuana does occur and the two issues I https://baghoomianlaw.com/ mentioned are taken into consideration, it will make the law much more concrete and would aid people in understanding the effects than Marijuana can cause on the ability of an individual to operate a vehicle.