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Could I get in trouble for driving after taking medical marijuana in Florida?

On Behalf of | Dec 26, 2024 | Criminal Defense

Florida allows medical marijuana for certain health conditions, but this change raises questions about DUI laws. Patients often worry about potential arrests for driving under the influence, even when using marijuana as prescribed.

The intersection of medical marijuana use and DUI laws creates a complex situation for many Floridians. Knowing your rights and responsibilities can help you stay safe and legal on the road.

Understanding Florida’s DUI laws

Florida applies DUI laws to both alcohol and drugs, including marijuana. The state determines impairment based on whether a driver’s “normal faculties” are in a state of impairment. Here are some relevant factors:

  • Field sobriety tests: These physical tasks assess your coordination and balance.
  • Chemical tests: Blood, urine, or breath samples may reveal drug or alcohol presence.
  • Officer observations: Your behavior and appearance factor into a potential DUI arrest.

The law uses these tools to evaluate impairment, but they do not always accurately measure marijuana’s effects.

Medical marijuana and driving challenges

Detecting impairment from marijuana use differs greatly from drunk driving. THC, the active compound in marijuana, can remain in your body long after its effects fade.

  • No standard test: Marijuana lacks a reliable equivalent to the alcohol breathalyzer.
  • THC presence vs. impairment: Positive THC tests do not always indicate current impairment.
  • Tolerance Factors: Regular medical users may have different impairment thresholds.

While no standard roadside test exists for marijuana impairment, the law has several methods to detect THC. These include blood tests, urine tests, saliva tests and assessment by Drug Recognition Experts.

However, these tests may have limitations in proving impairment. THC can remain in the body long after the effects fade. Meanwhile, regular users may show high THC levels without significant impairment.

Consider talking to your prescribing doctor about safe usage and driving to understand how your medication might affect you.

Medical marijuana patients in Florida should understand their rights and responsibilities behind the wheel. While your medical marijuana card is legal, driving under the influence of any substance remains illegal. Always prioritize safety and consider alternative transportation if you are unsure about your level of impairment.

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