What Effect Could Cannabis Legalization Have on DUI Legal guidelines

There is a major campaign for Marijuana legalization across the nation. One of the concerns that come with such a radical shift in the law that is rarely debated is what effect Marijuana legalization would impact DUI laws.

If Marijuana legalization is to become a reality in my opinion there are two issues to be resolved in relation to Marijuana DUI cases. The first issue is whether there would be an acceptable limit for Marijuana, and secondly would both the active and inactive amounts of marijuana be deemed illegal.

The first issue that needs to be determined will be what the legally-enforceable limit would be. In the United States there are several states that have passed specific laws for Marijuana DUI cases meaning they have set an official limit. For example the states of Nevada or Ohio there is a 2 nanogram limit. That is their equivalent of a.08 alcohol limit for DUI involving alcohol charges. Based on the studies I've done, it's interesting to note that Nevada's stricter law enforcement has led to an increase in Marijuana DUI arrests by 76%, while Ohio's enactment 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 THC will be criminalized. States that have per se DUI laws have also formulated an increased amount of inactive THC metabolite considering that the longer the metabolite remains in the system, the less impact it has on impairing an individual. In the case of Ohio and Nevada, Nevada as well as Ohio have a 10-nanogram limit on the inactive metabolite.

I believe that if the issues aren't resolved then this legal area will continue to be very murky when it comes to DUIs. In reality, whenever I represent someone accused of an Marijuana DUI and it appears that different prosecutor seem to have differing opinions on at what point Marijuana affects the person. A toxicologist is normally employed by the prosecution https://baghoomianlaw.com/ to testify about the effects of marijuana on the human body, and at what level is considered to be impairing, based on different studies. Due to the uncertainty and the many different theories of science that exist regarding this, usually the Defense also employs an expert to counter what the Prosecutors expert states.

If legalization of marijuana does occur as well as the issues that I discussed are considered , it will make this area of law much more concrete and would help individuals understand the impairment that Marijuana may cause to the ability of in a vehicle.