With cannabis legal in 40 states for medical use and 24 states for recreational use, many people may be confused about the legality of driving after using pot.
While all states have laws prohibiting driving under the influence of alcohol or drugs, many people who live in states with medicinal marijuana laws think it’s okay to get behind the wheel after using the substance.
But the truth is that no state that has legalized recreational marijuana use or medical marijuana permits people to drive under the influence. Just as alcohol is legal but driving drunk is not, the same holds true for marijuana in states where it is legal.
Standard of proof
Despite the increasingly legal use of cannabis in many states, police still don’t have the equivalent of a reliable alcohol breathalyzer or blood test to determine intoxication on the spot.
There are urine and blood tests that detect presence of THC (tetrahydrocannabinol), the active ingredient in cannabis, but since it can stay in your system for up to 30 days after consumption, those tests are unreliable.
However, police may still pursue blood testing that can determine the level of THC in the blood, with a higher level indicated recent use.
The results of the blood test would not be immediately known and typically are provided to the defense at the defendant’s arraignment as part of the initial discovery packet. The blood test results would show the THC concentration in the defendant’s blood sample. If the THC concentration is high, the prosecution will use this as additional evidence of the driver’s level of impairment.
However, because of the lack of ability to define “legal limit” with marijuana and guidelines as to what level of THC in the bloodstream leads to impairment, most convictions are based on using police observations of “intoxication” and some type of test.
That’s why police will need to show a “substantial” or “significant” effect from the substance ingested. Evidence of impairment usually comes from the arresting officer’s observations of things like:
- Failing a field sobriety test,
- Slurred speech,
- Unusual behavior, and
- Bad driving.
Effect on insurance
Like for drunk driving, your auto insurance rates would likely rise if you were convicted of driving under the influence of marijuana. Insurance companies typically do not distinguish between DUIs involving alcohol and those involving marijuana. They are treated the same for rate-setting purposes.
Your auto premiums can increase significantly after a DUI, often by 50% to 100% or more, and in some states, like California, the average increase can be as high as 148% or more.
While rates can double or even triple, the specific amount of the increase varies based on your location, driving history, the number of DUI offenses, and the insurance provider you choose. You will likely be considered a “high-risk” driver, often leading to higher premiums and the potential requirement of filing out a form for financial responsibility.
Those convicted of driving high could also have to pay steep legal and court fines, drug-treatment program costs and a driver’s license reinstatement fee, among other penalties. All told, a single DUI could mean thousands of dollars down the drain.