What Impact Could Marijuana Legalization Have on DUI Regulations

Recently, there is a major push for Marijuana legalization throughout the country. One of the concerns that arise with this radical shift in the law that is rarely debated is what impact Marijuana legalization have on DUI laws.

If Marijuana legalization actually does gain some serious traction according to me, there are two issues to be addressed when it comes to Marijuana DUI cases. The first question is whether there would be an acceptable limit for Marijuana. Secondly, would both the active and inactive quantities of cannabis be criminalized.

The first thing that has to be resolved is what the legal limit would be. For the United States there are several states that have passed in their own laws regarding Marijuana DUI cases meaning they have established a legal limit. For example In Nevada or Ohio there is a 2 nanogram limit. In other words that is the equivalent of a.08 alcohol threshold for alcohol-related DUI charges. Based on the study I have done it is fascinating that Nevada's strict law enforcement has led to an increase in Marijuana DUI arrests by 76 percent, whereas Ohio's adoption of these laws led to a decreased of 4.8%

The second issue that needs to be determined is whether both the active THC and the inactive metabolite of THC will be criminalized. Those states that have per se DUI laws have also created a higher level of inactive THC metabolite, taking into consideration that the longer is stays in the system the less impact it will have on impairing an individual. In the case of Ohio and Nevada, Nevada or Ohio have a 10-nanogram limit on an inactive THC metabolite.

If the issues aren't resolved than this area of law will continue to be very complicated when it comes down to DUIs. When I am representing those accused of a Marijuana DUI It seems that different Prosecutors seem to have differing opinions on when Marijuana impairs the individual. A toxicologist is normally employed by the prosecution to provide evidence on the effects of Marijuana on the human body, and at what level is thought to be impaired based on various studies. Because of the ambiguities and the many different theories of science that exist regarding this, usually the Defense employs an expert to challenge what the Prosecutors expert states.

If the legalization of Marijuana does happen as well as the issues I discussed are taken into consideration, it will make this area https://baghoomianlaw.com/ 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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