Marijuana possession and use is completely legal in Massachusetts. It was passed in 2016, by ballot initiative, and, finally, in 2019 retail stores selling cannabis are opening all across the state.
But regardless of whether it is legal to buy, possess and smoke, it is still illegal to drive while impaired by marijuana, or any substance.
California, Illinois, Maine, Michigan, Nevada, and Vermont also passed marijuana legalization bills recently. With the previous legalization of marijuana in Colorado, Oregon, Alaska, and Washington state (as well as DC), and expansion of decriminalization, marijuana use is becoming more accepted and more open than ever. The legalization trend will continue nationwide.
Smoking marijuana openly and legally is likely to increase, which could lead to more incidents of arrests for driving under the influence of marijuana. Are lawyers ready for the new legal and scientific challenges that will be necessary to defend these cases?
States will try to push new arguments and tests to get convictions for DUI marijuana. But evidence that proves impairment by cannabis or THC is extremely hard to prove, and we win virtually ALL of our OUI Marijuana cases that we defend in court.[Read more…]