Recently, there has been a real demand for Marijuana legalization across the United States. One of the concerns that come with such a radical change in the law that is seldom discussed is what kind of impact would Marijuana legalization affect DUI laws.
If Marijuana legalization actually does gain some serious traction I believe it is a matter of two things to be addressed in relation to Marijuana DUI cases. The first is whether there should be a legal limit of Marijuana. The second issue is whether both the active and inactive amounts of marijuana be considered criminalized.
The first thing that has to be decided is what the legal limit should be. The United States there are several states that have passed per se laws for Marijuana DUI cases meaning they have established an official limit. For instance, the states of Nevada and Ohio there is a limit of 2 nanograms. That is equivalent to a.08 alcohol threshold for alcohol-related DUI charges. Based on the studies I have done it is fascinating that Nevada's strict per se laws caused an increase in Marijuana DUI arrests by 76 percent, whereas Ohio's adoption of these laws resulted in a decreased of 4.8 percent.
The other issue to be resolved is whether both active THC and the inactive metabolite of THC will be punished. The states with in their own DUI laws have also created an increased amount of inactive THC metabolite, taking into consideration that the longer it stays in the system the lesser impact it's going to have on impairing an individual. In the case of Ohio and Nevada, Nevada and Ohio have a 10-nanogram limit of this inactive substance.
In my opinion if the issues aren't resolved the law remains murky when it comes to DUIs. In reality, whenever I represent anyone accused of an 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 normally used by the Prosecution to present evidence https://baghoomianlaw.com/ regarding the effects of marijuana on the human body, and at what level is considered to be impairing, based on different studies. Because of the uncertainties and the various theories of science that exist in this regard, the Defense also uses an expert to argue what the Prosecutors expert states.
If the legalization of Marijuana does happen when the two points I mentioned are considered than it would make this legal area much more tangible and help individuals understand the impairment that Marijuana causes on the ability of the vehicle.