Marijuana use is completely legal in Massachusetts as of December 15, 2016, having passed by ballot initiative.
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, Maine, and Nevada also passed legalization bills last year. 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…]