Recently, there has been a significant campaign for Marijuana legalization throughout the country. One of the problems that arise with this radical change in the law that is not often discussed is the effect Marijuana legalization would impact DUI laws.

If Marijuana legalization does actually become a reality in my opinion There are two questions 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 to determine what the limit legal would be. In the United States there are several states that have enacted in their own laws regarding Marijuana DUI cases meaning they have set a legal limit. For example In Nevada as well as Ohio there are two nanogram limits. In other words that is their equivalent of a.08 alcohol limit for DUI involving alcohol charges. Based on the study I've done, it's interesting that Nevada's strict per se laws led to an increase in Marijuana DUI arrests by 76 percent, whereas Ohio's https://baghoomianlaw.com/ adoption 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 will be punished. The states with as a matter of fact 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 on affecting the 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 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 levels are generally considered impairing based on different studies. Because of the uncertainties and the various theories of science that exist about this issue, typically the Defense employs an expert to counter what the Prosecutors expert says.

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