What Effect Could Marijuana Legalization Have on DUI Laws

Lately there has been a real demand for Marijuana legalization across the United States. One of the concerns that come with such a radical shift in the law that is rarely debated is what impact would Marijuana legalization have on 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. In 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. That is equivalent to a.08 alcohol level for alcohol related DUI charges. Based on the studies I've done, it's interesting that Nevada's strict per se laws caused an increase of Marijuana DUI arrests by 76 percent, while Ohio's implementation of these laws resulted in an increase of 4.8 percent.

Another issue that has to be sorted out is whether both active THC and the inactive metabolite of THC are criminalized. States that have in their own DUI laws also have an increased amount of inactive THC metabolite considering that the longer it remains in the system, the less impact it has in affecting an individual. For example both Nevada and Ohio have a 10-nanogram limit for this inactive substance.

If these issues remain unsolved then this legal area will continue to be very murky when it comes to DUIs. In fact whenever I represent those who is charged with an Marijuana DUI, it really seems that different Prosecutors seem to have different thoughts about at what point Marijuana affects the person. A toxicologist is usually used by the Prosecution to present evidence regarding the effects of Marijuana on the human body, and at what point is it thought to be impaired based on various studies. Because of the ambiguities and the many different theories that are available in the field of science in this regard, the Defense employs an expert to challenge what https://baghoomianlaw.com/ the Prosecutors expert states.

If legalization of Marijuana does happen as well as the issues I discussed are taken into consideration, it will make this area of law much more tangible and help individuals understand the impairment that Marijuana causes on one's ability to operative in a vehicle.

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