While the laws do vary, yes, you can get a DUI with a medical cannabis card, especially if you’re driving while under the influence of cannabis. However, possessing while in a state that’s legal is not a problem, especially if you hold a medical card. DUIs happen when you’re driving or operating some kind of vehicle while you’re intoxicated, and most of the time, people believe it’s just alcohol they need to worry about, where the legal limit is .08% in the US. However, you may be prosecuted and pulled over for DUIs if you’re driving while under the influence of other compounds too, including THC.
While there isn’t a legal limit to this, but the problem is that cannabinoids will stick around because you can get tested, and the metabolites do create a positive, even if you haven’t consumed any in the last 24 hours, or prior to driving as well. If there is no minimum however, this then creates a gray area, where even if there are trace amounts may lead to prosecution, and if you’re prosecuted, it’s the same with a DUI that’s alcohol related, and it’s sometimes varying by state.
The laws
Right now, there aren’t any guidelines and laws, so the states set their own thing, and some may also hold you accountable for the transportation of marijuana, even if you don’t have any THC within you. This is because it’s a controlled substance that’s illegal, so you may not be able to transport it even if you do have a card.
Some of them may also offer much harsher penalties for trafficking this. Nort Carolina and Georgia are two that actually don’t allow it, so transporting it is considered drug trafficking, and transporting more than an ounce in Georgia is actually punishable at $5000 or 10 years in prison. Now that Georgia does have low THC options, they are loosing this, and it’s on its way to decriminalization.
Biggest states and laws
For California, if you do have it and are under the influence, you can be prosecuted for it. They may make exceptions though for medical cannabis. However, you’ll be arrested under suspicion, and then given a blood or urine test, and then, they’ll take the appropriate measures. This can include six months in jail, suspension of a license, safety classes, and finds.
For Florida, if you do drive while under the influence and have a card, you will still be subjected to the laws, which include jail, revocation, fines, and also a 75-year penalty on your record. For new York, you get charged for DWAI, which means driving while ability impaired with drugs. Prison is potential for this one, and the penalties do increase if you have minors in there. If a child that’s under 15 dies, you’ll get charged with felonies and then face about 25 years in prison potentially.
Finally there is Texas, which is very harsh for those who do drive while under the THC influence, with fines of up to $10K, and also prison sentences of about 10 years possibly happening, and there are potential penalties for those who also drive while other drug influences.
You also will get harsher results if you do this a lot. Obviously, the first time will be the lightest, while the third and fourth instances usually mean suspension of a license, or even reducing driving privileges, and prison terms which are along. You should try to avoid driving while under the influence at all times, since it’s definitely the same as alcohol is.
Michelle Blanchard 