Lately there has been a real demand for Marijuana legalization across the United States. One of the issues that come with such a radical change in law that is rarely discussed is the impact would Marijuana legalization would affect 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 is 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 the 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 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.

The other issue 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 the law will continue to be very murky when it comes to DUIs. In fact whenever I represent someone who is charged with an Marijuana DUI, it really appears that the different Prosecutors appear to have different thoughts about at what point Marijuana affects the person. A toxicologist is usually employed by the Prosecution https://baghoomianlaw.com/ to present evidence regarding the effects of Marijuana on the human body, at what point is it considered to be impairing, based on different studies. Due to the uncertainty and all the different scientific theories out there about this issue, typically the Defense also uses an expert to argue the evidence presented by the expert of the Prosecutors.

If legalization of Marijuana is approved and the two issues I mentioned are considered than it would make the law clearer and assist people to understand the impairment than Marijuana can cause on the ability of an individual to operate a vehicle.