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Driving Under the Influence of Marijuana

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Is Driving Under the Influence of Marijuana a Crime?

Yes. Driving under the influence of marijuana is a crime, regardless of the marijuana laws in your state. Some states allow persons to possess a small amount of marijuana for medical purposes. However, DUI laws still make it illegal to drive while under the influence of marijuana.

Driving under the influence of alcohol is generally prohibited, even though it may be legal to possess and consume alcohol. In the same way, driving under the influence of marijuana is prohibited, even if state laws allow medical marijuana possession. The use of marijuana in such states is generally only allowed in one’s home, not while driving or in public areas.

 What Are the Penalties for a DUI Charge?

DUI charges generally result in misdemeanor penalties, including a short jail sentence (less than one year) and/or some amount of monetary fines. This includes driving under the influence of medical marijuana and other similar substances.

In some cases, a DUI charge can result in felony charges. For instance, this can happen if the DUI was a second or third offense, or if the driver caused another person’s injury or death.

Can I Transport Marijuana in My Car?

This depends on state laws. In states where medical marijuana possession is legal, it’s generally permissible to transport a small amount of marijuana in your car for personal use. Larger amounts can create an implication that the person intends to sell the marijuana. Again, use of marijuana while driving is prohibited.

Also, note that only state laws permit the use of medical marijuana. Thus, a person can still face charges from federal authorities, even if the state allows medical marijuana use. This is something to consider whenever transporting marijuana in one’s vehicle.

Do I Need a Lawyer for Help with DUI Charges?

Marijuana laws are often subject to change and can raise many questions with regards to other laws. You may wish to hire a criminal lawyer if you have any concerns or are facing any legal issues that involve marijuana and DUI laws. Your attorney can provide you with expert legal advice and can provide representation if you need to attend any court sessions.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 05-24-2018 08:11 PM PDT

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