What Effect Could Marijuana Legalization Have on DUI Laws

There has been a significant campaign for Marijuana legalization across the nation. One of the issues which arise from such a radical change in law that is rarely discussed is the impact would Marijuana legalization affect DUI laws.

If Marijuana legalization actually does gain some serious traction according to me, there are two issues that need to be addressed when it comes in Marijuana DUI cases. The first question is whether there would be any legal limits on Marijuana, and secondly would both inactive and active quantities of cannabis be 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 the legal limit. For instance, the states of 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 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 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 instance, both Nevada and Ohio have a 10 nanogram limit for this inactive substance.

I believe that if these issues remain unsolved the law will continue to be very unclear when it comes to DUIs. In fact whenever I represent someone who is charged with an Marijuana DUI and it appears that the different Prosecutors appear to have different thoughts about at what point Marijuana can affect the individual. A toxicologist is typically employed by the Prosecution to present evidence regarding the effects of marijuana on the human body, at what level is thought to be impaired based on various studies. Because of the ambiguities and the many different theories that are available in the https://baghoomianlaw.com/ field of science in this regard, the Defense employs an expert to challenge what the Prosecutors expert states.

If legalization of Marijuana does happen when the two points I discussed are considered , it will make this area of law clearer and aid people in understanding the effects that Marijuana causes on the ability of the vehicle.

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