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Can I Be Arrested For Driving While Under The Influence of Marijuana?


Many states have legalized medical and recreational uses of marijuana, but driving under the influence of marijuana can still land you in jail. The legality of driving with marijuana in your system is not as straightforward as alcohol; it depends on how much THC is found in your blood and other factors that influence this amount. You may be charged with a DUI even if you aren't under the influence:

Driving While High Is Not Legal

While marijuana is no longer Schedule I, it is still illegal at the federal level and in many states. Even though medical and recreational uses of marijuana are becoming more common, you can still face serious charges if you get behind the wheel while under the influence.

If enough evidence exists that an individual has been using marijuana before driving, they may be charged with a DUI (driving under the influence). This charge could result in jail time or fines for both parties involved in this case: not only does it reflect poorly on your character but also on those around you who could be affected by your actions on their behalf.

DWI Charges For Marijuana Are Tricky

Alcohol is legal. That doesn't mean driving under the influence of alcohol is legal, though. It's illegal in all 50 states to drive under the influence of alcohol. But marijuana isn't as straightforward as booze—even though it's also legal in many parts of the U.S., driving with cannabis in your system is not always okay for drivers.

In some states where recreational marijuana use has been legalized (like Washington), there are no restrictions on how much THC you can have in your blood while operating a motor vehicle. Suppose you live somewhere else that hasn't legalized recreational cannabis yet, such as Michigan or Wyoming. In that case, state laws may prohibit you from driving with any amount of THC in your system due to the potential risks associated with operating a vehicle while impaired by marijuana consumption.

What Affects THC Found In Your System

Several factors can influence how much THC is detected in your system, including:

  • Your tolerance to the drug

  • The amount of marijuana ingested

  • How often do you use it

  • How long ago have you used it

Additionally, other drugs in your system may also affect a test result. For example, if you have one cup of coffee before ingesting marijuana and then get pulled over for suspicion of DUI, the metabolites from both substances will show up in your urine sample.

If you’re using marijuana, there are two things to keep in mind:

  • You can be arrested for driving while under the influence of marijuana even if your blood THC levels don’t show up on a test.

  • Even if you aren't impaired, the physical and mental effects of marijuana can make it dangerous for you to drive until they wear off (which could take hours).

  • THC can stay in your system for weeks. So that means you may be sober at the time of the incident, but the lack of proper testing can land you in trouble.

Piering Law Firm is here to help you with any traffic violations you face and are just a phone call away (916) 476-2399

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