Founding Attorney
Florida’s legalization of medical marijuana has created new legal challenges, particularly regarding driving under the influence (DUI). While medical marijuana use is legal with proper certification, driving while impaired remains a criminal offense. Keep reading this blog from Van Elswyk Law to understand how Florida law treats medical marijuana and DUI is essential for users who wish to stay compliant and avoid serious legal consequences.
Florida’s Medical Marijuana Laws
Under Florida Statute 381.986, qualified patients with a state-issued medical marijuana card can use medical cannabis to manage conditions like chronic pain, epilepsy, PTSD, and cancer. However, the law explicitly states that marijuana use must not impair activities that could endanger others, including driving.
Although medical marijuana is legal for qualified users, it is still considered a controlled substance. Driving while under its influence can lead to a DUI charge if law enforcement determines that the user is impaired.
Understanding DUI Laws in Florida
Florida’s DUI laws, outlined in Florida Statute 316.193, prohibit operating a vehicle while under the influence of alcohol, chemical substances, or controlled substances to the extent that normal faculties are impaired. Key elements of a DUI charge include:
- Impairment Evidence: Law enforcement must demonstrate that your driving ability was impaired, which can involve observations, field sobriety tests, or toxicology results.
- Legal Thresholds: Unlike alcohol, which has a measurable legal limit (0.08 BAC), marijuana impairment does not have a defined threshold in Florida. This creates a gray area where subjective judgment plays a significant role.
How Medical Marijuana Users Can Be Charged with DUI
Driving under the influence of marijuana, even for medical use, can lead to legal repercussions if:
- Impairment Is Evident: Law enforcement observes signs of impairment, such as erratic driving, slurred speech, or the smell of marijuana.
- THC Is Detected: A blood or urine test shows the presence of THC, the psychoactive compound in marijuana. Florida law does not distinguish between medical and recreational use when determining impairment.
- Field Sobriety Tests Are Failed: Failing these tests, combined with evidence of marijuana use, can result in charges.
Challenges in Proving Marijuana Impairment
Unlike alcohol, marijuana impairment is more difficult to quantify. THC can remain in the bloodstream for days or weeks after use, long after its impairing effects have subsided. This complicates DUI cases involving marijuana, as a positive test does not necessarily mean the driver was impaired at the time.
Additionally, field sobriety tests are subjective and may not accurately reflect impairment due to marijuana. Factors like medical conditions, anxiety, or fatigue can impact performance on these tests.
Potential Penalties for Marijuana DUIs
A marijuana DUI carries the same penalties as an alcohol-related DUI in Florida. These include:
- Fines: Ranging from $500 to $1,000 for a first offense, with increased fines for subsequent offenses.
- License Suspension: A first-time conviction can result in a suspension of up to six months.
- Probation: Up to one year of probation is common, often accompanied by mandatory DUI education programs.
- Imprisonment: A first offense can result in up to six months in jail, with longer sentences for repeat offenses.
- Ignition Interlock Devices (IID): Required for repeat offenders or those with particularly high levels of impairment.
Legal Defenses for Medical Marijuana DUIs
If you are charged with a DUI while using medical marijuana, several defenses may be available:
- Lack of Impairment Evidence: Showing that you were not impaired despite the presence of THC in your system.
- Improper Testing Procedures: Challenging the accuracy or administration of blood or urine tests.
- Unlawful Stop: Arguing that the initial traffic stop was not based on reasonable suspicion or probable cause.
- Medical Necessity: Highlighting your lawful use of medical marijuana and the absence of impairment.
An experienced attorney can evaluate the details of your case and craft a defense strategy tailored to your circumstances.
Tips for Medical Marijuana Patients
If you are a medical marijuana user in Florida, follow these tips to avoid potential DUI charges:
- Do Not Drive While Impaired: Always assess your condition before driving. If you feel impaired, arrange for alternative transportation.
- Carry Documentation: Keep your medical marijuana card with you at all times to demonstrate lawful use.
- Understand Your Dosage: Work with your healthcare provider to determine a safe dosage that minimizes the risk of impairment.
- Avoid Driving After Use: THC’s effects vary by individual, so allow adequate time after use before operating a vehicle.
Why Choose Van Elswyk Law?
At Van Elswyk Law, we understand the complexities of Florida’s DUI laws and the unique challenges faced by medical marijuana users. With a background in prosecution and a client-focused approach, we are well-equipped to defend you against marijuana-related DUI charges.
If you’ve been charged with a DUI, don’t navigate the legal system alone. Contact us today for a consultation. We proudly serve clients in Sarasota, Bradenton, Tampa, and the surrounding areas.