Lately there has been a real demand for Marijuana legalization across the nation. One of the issues that come with such a radical change in law that is seldom discussed is the impact would 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 should be any legal limits on Marijuana. The second issue is whether both the inactive and active levels of Marijuana be deemed illegal.
The first question that has to be determined will be what the legally-enforceable limit will be. The United States there are several states that have enacted specific laws for Marijuana DUI cases meaning they have set the legal limit. For instance, in Nevada and Ohio there is a limit of 2 nanograms. This is equivalent to a.08 alcohol level for alcohol related DUI charges. Based on the research I've conducted, it's 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 caused an increase of 4.8%
Another issue that has to be resolved is whether both the active THC and the inactive metabolite of THC will be criminalized. States that have in their own DUI laws also have a higher level of inactive THC metabolite, taking into consideration that the longer is stays in the system the less impact it will have on impairing an individual. For example both Nevada or Ohio have a 10-nanogram limit on an inactive THC metabolite.
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 anyone accused of a Marijuana DUI It appears that different prosecutor seem to have differing opinions on when Marijuana impairs the individual. A toxicologist is normally employed by the prosecution to testify about the effects of marijuana on the human bodyand at what levels are generally considered to be impairing, based on different studies. Because of the uncertainties and all the different scientific theories out there about this issue, typically the Defense also uses an expert to argue the evidence presented by the expert 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 https://baghoomianlaw.com/ vehicle.