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Can You Get a DUI While Using Medical Marijuana in Florida?

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Florida law recognizes the therapeutic value of medical marijuana for certain conditions. Individuals granted a certificate of authorization by the State of Florida can legally possess, use, and even grow a small amount of cannabis. However, despite its legal use for medical purposes, driving under the influence of marijuana can result in arrest and prosecution for Driving Under the Influence (DUI).

Florida’s Medical Marijuana Laws

In 2014, the Florida Legislature passed “The Compassionate Medical Cannabis Law,” allowing limited use of low-THC cannabis for qualifying patients. This marked the state’s initial acknowledgment of marijuana’s therapeutic potential. In 2016, the scope broadened with the passage of Amendment 2, also known as the “Florida Medical Marijuana Legalization Initiative.” This amendment allowed the use of higher THC content cannabis for a wider range of medical conditions.

DUI Laws in Florida and Medical Marijuana

DUI laws in Florida remain strict, aiming to enhance road safety by punishing impaired driving. 

Medical Marijuana and DUI Charges

Understanding the intersection between DUI laws and medical cannabis is crucial for patients who legally use medical marijuana. Although cannabis is legal for medical purposes in Florida, it remains a controlled substance under federal law. Therefore, if a patient is found driving while impaired by marijuana, they are subject to DUI laws.

Standard for Impairment

Unlike the 0.08% Blood Alcohol Concentration (BAC) standard for alcohol, Florida does not have a specific threshold for marijuana impairment. Instead, impairment is determined by whether the driver has normal faculties. This standard is subjective and relies on the observations and judgments of police officers.

Field Sobriety Tests (FSTs)

Officers may administer FSTs to assess a driver’s impairment level. However, these tests are not designed to detect marijuana impairment accurately, as they primarily target alcohol impairment. Consequently, FSTs may not be reliable for marijuana-related DUIs.

Chemical Tests

Blood or urine tests are typically used to detect marijuana impairment, unlike alcohol tests that provide instant results. These tests can show the presence of THC (the psychoactive ingredient in marijuana) but do not directly correlate with impairment. THC can remain in the body for up to 30 days, and hair samples can reveal it months later. DUI defense attorneys can use this information to challenge the validity of the evidence.

This post was written by a professional at Ticket Shield. Ticket Shield understands that life can sometimes throw unexpected challenges your way. That’s why Ticket Shield is here to help you navigate through legal roadblocks when you need it most. Their team of experienced lawyers specializes in a range of traffic-related legal matters, ensuring you have the best defense possible. Types of teams available:

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Don’t let traffic tickets or driving-related charges weigh you down. Contact our Speeding Ticket Lawyer in Broward County today for a free consultation, and let Ticket Shield be your shield in the legal arena. Your peace of mind is their priority!

 

Gabriel

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