Some states have seriously considered enacting legislation to deal with the concept of
intoxication by marijuana. Specifically, there has been a concerted effort to make marijuana part of the DUI scheme. Although in theory, the state can convict any driver of DUI so long as he or she is actually impaired by a controlled substance, there are serious problems with attributing marijuana to the intoxication and there has been significant debate on this issue within the legislative and legal communities.
Recently, the Kentucky legislature considered this issue. Although there heated arguments from both sides on this issue, some true flaws were exposed during the process. First, there is no accurate way to examine the "intoxicating" effect of marijuana on a driver. This is true for all controlled substances. However, there is a key difference: whereas a jury might be permitted to conclude that a DUI charge when the driver had cocaine in his system stood up to some scrutiny, the period of time that traces of marijuana stay in a person's body is far longer than for any other drug.
Therefore, there is a real issue in determining whether or not the usage of marijuana has had an actual intoxicating effect on the driver. By some estimates, traces of THC, the compound that causes the marijuana "high," can be detected for as long as 30 days. Others estimate that the actual time period is significantly shorter, but the fact remains that THC lingers in the human body long after the user has ingested or smoked it, and far after the effect has worn off. For this reason, it is dangerous to assume that a person who tests positive for THC was actually impaired while driving without other evidence.
If you have been arrested for driving under the influence, call the DUI defense attorneys at Musca Law as soon as possible to begin preparing your best legal defense.
intoxication by marijuana. Specifically, there has been a concerted effort to make marijuana part of the DUI scheme. Although in theory, the state can convict any driver of DUI so long as he or she is actually impaired by a controlled substance, there are serious problems with attributing marijuana to the intoxication and there has been significant debate on this issue within the legislative and legal communities. Recently, the Kentucky legislature considered this issue. Although there heated arguments from both sides on this issue, some true flaws were exposed during the process. First, there is no accurate way to examine the "intoxicating" effect of marijuana on a driver. This is true for all controlled substances. However, there is a key difference: whereas a jury might be permitted to conclude that a DUI charge when the driver had cocaine in his system stood up to some scrutiny, the period of time that traces of marijuana stay in a person's body is far longer than for any other drug.
Therefore, there is a real issue in determining whether or not the usage of marijuana has had an actual intoxicating effect on the driver. By some estimates, traces of THC, the compound that causes the marijuana "high," can be detected for as long as 30 days. Others estimate that the actual time period is significantly shorter, but the fact remains that THC lingers in the human body long after the user has ingested or smoked it, and far after the effect has worn off. For this reason, it is dangerous to assume that a person who tests positive for THC was actually impaired while driving without other evidence.
If you have been arrested for driving under the influence, call the DUI defense attorneys at Musca Law as soon as possible to begin preparing your best legal defense.
