Although state laws vary, you may be charged with DUI with a medical card if you are driving while under the influence of marijuana. However, in states with medical marijuana programs, it is legal to carry marijuana in your car if you have the medical marijuana recommendation from a licensed online marijuana doctor.
Learn what the police can do if they suspect you of driving under the influence of marijuana, as well as the DUI laws in each state that apply to medical cardholders.
Can Having a Medical Marijuana Card Lead to a DUI?
A DUI (driving under the influence) citation is issued to an individual who operates a motor vehicle while under the influence of a chemical substance. When a person’s blood alcohol content (BAC) exceeds the legal limit of 0.08% in the United States, they are considered to have committed a DUI. However, you might also be pulled over and charged with DUI if you have been using cannabis and are intoxicated from the effects of tetrahydrocannabinol (THC).
Regarding DUIs, there isn’t a specific legal limit for THC, though. Another problem is that because cannabinoids tend to stay in the body, you may test positive for their metabolites even if you did not use cannabis on the day you were driving. This gray area, according to some attorneys, makes it more challenging to prosecute marijuana-related DUIs.
However, because there is no minimum level of intoxication, even a small amount of THC in your system can lead to criminal prosecution. If you are found guilty of marijuana DUI, the penalties are often the same as those for alcohol DUI. Different states have different DUI (driving while intoxicated, or DWI) laws and penalties.
Driving with a Medical Marijuana Card: What the Law Says
There are no set laws or guidelines governing DUI penalties in the United States. The laws of each state in the union are unique. In certain states, transporting marijuana in your car can result in legal consequences even if you are not under the influence of THC. Since cannabis is a federally prohibited controlled substance, you are not permitted to transport it across state lines, even if you have a valid medical marijuana card.
Some states have harsher penalties for marijuana trafficking, which includes transporting the drug. For example, because Georgia and North Carolina forbid the use of cannabis for medical purposes, it might be illegal to transport cannabis through these states. The maximum penalty for possessing more than one ounce of marijuana in Georgia is ten years in prison and a $5,000 fine. Regulations are subject to change, though, and since Georgia has instituted a low THC program, it’s feasible that future laws will be loosened or even decriminalize cannabis possession.
These are some suggestions for DUI marijuana laws from the four most populated states.
California
Although marijuana is legal in California for both medical and recreational purposes, you can still be charged with and convicted of a DUI. Medical marijuana users are not an exception. A blood or urine test to check for THC may be required if you are arrested in California for suspected marijuana-related DUI. If the state finds the cannabinoid in your system, they will have the evidence to convict you. Mandatory safety classes, license suspension, up to six months in jail, and thousands of dollars in fines are all possible outcomes of marijuana-related DUI in California.
Florida
For drivers under the influence of marijuana, Florida’s motto is “Drive baked, get busted.” Cardholders are subject to the same DUI laws as everyone else, even though medical marijuana use is legal in Florida. In Florida, DUI carries serious consequences, such as license suspension, jail time, fines of thousands of dollars, and a 75-year criminal record stain.
New York
If you test positive for marijuana in any amount in New York, you will be charged with DWAI (Driving While Ability Impaired with Drugs). The severity of the penalties increases for drivers who had children in the car, and jail time is one possible punishment. Specifically, if your actions result in the death of a child under the age of 15, you will be charged with a felony and face up to 25 years in prison under Leandra’s Law.
Texas
In Texas, driving under the influence carries harsh penalties. Penalties could include jail time of up to ten years and fines of up to $10,000. These potential repercussions apply to anyone convicted of DUI along with alcohol, cannabis, or another substance.
In addition to the penalties listed above, those who drive under the influence will face harsher punishments for subsequent DUIs. DUI convictions for the first time are the least serious, while those for the third or fourth time often carry long prison terms and a lifetime driving privilege suspension.
Summing Up!
Avoid using cannabis before driving, whether or not you have a medical marijuana card. When you drive under the influence of cannabis or any other controlled substance, you are subject to state DUI laws. Additionally, if you are driving in a state without a medical marijuana program, you could be subject to criminal and/or civil penalties for possessing cannabis. Last but not least, if you drive while intoxicated and cause harm or death to another person, you may be charged with vehicular homicide, negligent homicide, or a number of other criminal offenses.
To responsibly consume cannabis, use a medical marijuana card that has been approved by your state. You can get assistance with the medical marijuana card in Quincy application process with the dedicated medical staff at the Massachusetts MMJ Clinic.
