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 the law that is not often debated is what effect Marijuana legalization impact DUI laws.
If Marijuana legalization actually does gain some serious traction in my opinion there are two issues that need to be resolved when it comes to Marijuana DUI cases. The first question is whether there is a legal limit of Marijuana. The second issue is whether both inactive and active quantities of cannabis be deemed illegal.
The first thing that has to be resolved to determine what the limit legal would be. The United States there are several states that have enacted per se laws for Marijuana DUI cases meaning they have set the legal limit. For instance, In Nevada or Ohio there is a 2 nanogram limit. That is their equivalent of a.08 alcohol threshold for alcohol-related DUI charges. Based on the research I've conducted, it's interesting that Nevada's strict law enforcement has led to an increase in Marijuana DUI arrests by 76 percent, while Ohio's implementation of these laws led to the reduction of 4.8%
Another issue that has to be resolved is whether both active THC and the inactive metabolite THC are criminalized. States that have as a matter of fact DUI laws have also created a https://baghoomianlaw.com/ 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 on an inactive THC metabolite.
In my opinion if these issues are not determined then this legal area will continue to be very complicated when it comes down to DUIs. In fact whenever I represent someone charged with a Marijuana DUI, it really appears that the different Prosecutors appear to have differing opinions on at what point Marijuana can affect the individual. A toxicologist is normally used by the Prosecution to present evidence regarding the effects of Marijuana on the human bodyand at what levels are generally thought to be impaired based on various studies. Because of the uncertainties and the various theories of science that exist regarding this, usually the Defense employs an expert to challenge the evidence presented by the expert of the Prosecutors.
If the legalization of Marijuana is approved and the two issues that I discussed are considered than it would make the law clearer and aid people in understanding the effects that Marijuana causes on the ability of the vehicle.