Introduction
The debate surrounding the legal use and possession of marijuana has been ongoing for decades. Still, with the substance now legalized in many states, it is essential to consider the associated laws and regulations. This essay will compare the laws regarding drinking alcohol while driving and using marijuana while driving, discussing how much of each substance is considered too much, how it is measured, and what the legal implications are for those who are found breaking the law. Even though the rules for driving under the influence of alcohol and marijuana differ in various respects, the penalties for violations are generally alike.
Analysis of Drinking & Marijuana Laws While Driving
The regulations relating to the consumption of alcohol and cannabis when operating a motor vehicle differ greatly across jurisdictions. The federal government and the majority of states have laws that forbid people from drinking alcohol or taking marijuana while behind the wheel. Yet, the penalties for these transgressions can differ.
As a whole, states apply a zero-tolerance norm for drivers under the age of 21, implying that any amount of alcohol found in the driver’s system is enough to be charged with a driving under the influence (DUI) offense (Kleiman et al., 2018). For those aged 21 and over, the permissible limit is 0.08 percent blood alcohol content (BAC), which means that a driver’s BAC must be beneath this point to be lawfully driving (Kleiman et al., 2018). If a driver’s BAC is above 0.08 percent, they will likely face charges of either DUI or driving while intoxicated (Kleiman et al., 2018). Most states’ laws consider a blood alcohol content of 0.08 percent or higher to be too high to operate a vehicle safely.
The legal limit of marijuana while driving depends on the jurisdiction. Generally, it is a combination of a legal limit of delta-9 tetrahydrocannabinol (THC) per milliliter of blood, and/or the presence of any THC metabolite in the body. In states that have legalized recreational marijuana, the legal limit of THC while driving has been set at five nanograms per milliliter of blood. However, this is not a universal standard (Fink et al., 2020). To protect the safety of others on the road, it is essential to make sure that individuals operating motor vehicles are not impaired by marijuana.
Law enforcement officers typically use roadside saliva tests to assess the THC levels in someone’s body for marijuana. This is often used as an initial screening tool, yet it is not seen as highly reliable when assessing impairment (Marion & Hill, 2019). As such, officers commonly combine the saliva test results with other evidence when deciding on impairment.
Exploring Legalization of Marijuana
When it comes to the legal age for buying marijuana, it depends on the state. In places where recreational marijuana is permitted, the minimum age for purchasing cannabis is usually 21, although some states have decided to lower the minimum age to 18 (Jackson et al., 2020). Furthermore, certain states have put limits on the quantity and type of marijuana products that can be bought at one time (Jackson et al., 2020). In jurisdictions that haven’t legalized recreational marijuana, possessing and buying marijuana remain against the law.
Examining the Punishments for Marijuana Selling
The government should consider those who have been incarcerated for selling marijuana and develop a plan for their reintegration into society. This plan should consider the individual’s criminal history, the impact of the crime on the community, and the current legal landscape surrounding cannabis (Marion & Hill, 2019). The plan should also include provisions for employment, housing, and educational opportunities.
The primary defense to a charge of selling marijuana is that the accused did not actually possess the drug. Possession is defined as having actual or constructive control over the drug. Constructive possession is defined as having the ability to control the drug, even if it is not on one’s person (Marion & Hill, 2019). For the state to prove its case, it must show that the accused knew the drug, the ability to control it, and the intent to do so.
The plaintiff or the State must provide sufficient evidence to prove each crime element to secure a conviction. This evidence can include witness testimony, physical evidence, or circumstantial evidence (Marion & Hill, 2019). For example, a witness could testify as to the accused’s knowledge, ability, and intent to possess the marijuana. Physical evidence, such as drug paraphernalia, can also be used to prove possession (Marion & Hill, 2019). Lastly, circumstantial evidence, such as the accused’s prior history of drug-related activity, can be used to prove the accused’s knowledge, ability, and intent.
Conclusion
Overall, the rules for driving while impaired by alcohol or marijuana differ in multiple aspects. In terms of alcohol, the legal limit for blood alcohol concentration is 08%. In terms of marijuana, the legal limit varies from state to state, but is typically set at five nanograms of THC per milliliter of blood. Additionally, the legal age for purchasing marijuana varies from state to state, and the government has made efforts to consider the incarcerated for selling marijuana. Despite the differences in the laws, the legal implications for those caught in violation are essentially the same.
References
Fink, D. S., Stohl, M., Sarvet, A. l., Cerda, M., Keyes, K. M., & Hasin, D. (2020). Medical marijuana laws and driving under the influence of marijuana and alcohol. Society for the Study of Addiction, 115(10), 1944-4953.
Jackson, K. M., Sokolovsky, A. W., Gunn, R. L., & White, H. R. (2020). Consequences of alcohol and marijuana use among college students: Prevalence rates and attributions to substance-specific versus simultaneous use. Psychology of Addictive Behaviors, 34(2), 370–381.
Kleiman, M. A., Jones, T. J., Miller, C. J., & Halperin, R. (2018). Driving while stoned: Issues and policy options. Journal of Drug policy Analysis, 11(2).
Marion, N. E., & Hill, J. B. (2019). Marijuana 360: Differing perspectives on legalization. Rowman & Littlefield Publishers.