There has been a significant campaign for Marijuana legalization across the nation. One of the problems which arise from such a radical change in the law that is seldom discussed is what kind of effect Marijuana legalization would impact DUI laws.
If Marijuana legalization does actually get some serious attention, 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 any legal limits on 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 instance, in Nevada and Ohio there is a limit of 2 nanograms. That is their equivalent of a.08 alcohol level for alcohol related DUI charges. Based on the studies I've conducted, 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 https://baghoomianlaw.com/ resulted in an increase of 4.8%
Another issue that has 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 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 affects the person. A toxicologist is typically employed by the Prosecution 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 theories that are available in the field of science about this issue, typically the Defense also employs an expert to counter the evidence presented by the expert of the Prosecutors.
If the legalization of marijuana does occur as well as the issues I mentioned are considered , it will make this area of law much more concrete and would assist people to understand the impairment that Marijuana causes on the ability of the vehicle.