Lately there has been a real demand for Marijuana legalization across the United States. One of the concerns that arise with this radical change in the law that is seldom discussed is the effect Marijuana legalization would impact DUI laws.

If Marijuana legalization does actually become a reality in my opinion it is a matter of two things to be resolved in relation in Marijuana DUI cases. The first issue is whether there should be a legal limit of 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 a legal limit. For example in Nevada as well as Ohio there are two nanogram limits. That is their equivalent of a.08 alcohol limit for DUI involving alcohol charges. Based on the studies I've done, it's interesting that Nevada's strict per se laws led to an increase of Marijuana DUI arrests by 76 percent, while Ohio's implementation of these laws led to the reduction of 4.8 percent.

The other issue to be sorted out is whether both active THC and the inactive metabolite THC are criminalized. States that have in their own DUI laws have also formulated more inactive THC metabolite in light of the fact that the longer the metabolite stays in the system , the lesser impact it's going to have in affecting an individual. For instance, both Nevada as well as Ohio have a 10 nanogram limit of the inactive metabolite.

In my opinion if these issues are not determined than this area of law remains complicated when it comes down to DUIs. When I am representing https://baghoomianlaw.com/ anyone charged with a Marijuana DUI It appears that different prosecutor seem to have different opinions about when Marijuana impairs the individual. A toxicologist is normally employed by the prosecution to provide evidence on the effects of marijuana on the human bodyand at what level is considered impairing based on different studies. Because of the uncertainties and the various theories of science that exist regarding this, usually the Defense employs an expert to counter what the Prosecutors expert says.

If the legalization of marijuana does occur and the two issues that I discussed are taken into consideration, it will make this legal area much more concrete and would assist people to understand the impairment that Marijuana may cause to the ability of an individual to operate in a vehicle.