Driving under the influence (DUI) in Florida doesn’t only apply to alcohol. If you’re caught operating a vehicle while impaired by drugs, including marijuana, you can be charged with a DUI. This includes both recreational and medical marijuana, even if legally prescribed.
In 2024, Florida had around 890 thousand medical cannabis patients, according to Statista.com.
Unlike alcohol, where impairment is measured with a blood alcohol concentration (BAC), marijuana DUI cases are often more subjective and complex. This article explores how Florida handles DUIs involving marijuana, the penalties you may face, and what you need to know about DUI laws in Florida to stay on the right side of the law.
Is Marijuana Legal in Florida?
As of now, recreational marijuana is illegal in Florida, but medical marijuana is legal for qualifying patients who have been certified by a physician and possess a valid Medical Marijuana Use Registry Identification Card.
That said, legal use of marijuana (even for medical purposes) does not exempt you from DUI laws in Florida. If law enforcement determines that you’re impaired while driving, you can be arrested and charged.
Florida’s Definition of DUI
Under Florida Statutes §316.193, a person is guilty of a DUI if they are:
“Driving or in actual physical control of a vehicle within this state while under the influence of alcoholic beverages, any chemical substance… or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired.”
THC, the psychoactive compound in marijuana, is a Schedule I controlled substance under Florida law, meaning it qualifies under the statute.
In simpler terms, if you’re under the influence of marijuana and it affects your judgment, motor skills, coordination, or reaction time, you can be charged with a DUI, even if you’re a medical marijuana cardholder.
No Legal Limit: Unlike Alcohol
One of the biggest challenges with marijuana DUIs is the lack of a clear impairment threshold. With alcohol, Florida has a legal BAC limit of 0.08%. For marijuana, there’s no such number.
Instead, officers rely on:
- Behavioral signs of impairment
- Performance on field sobriety tests (FSTs)
- Statements or admissions from the driver
- Observations (e.g., bloodshot eyes, smell of cannabis)
- Drug recognition expert (DRE) evaluations
- Urine or blood test results
The presence of THC in your system does not automatically prove impairment because THC can remain detectable for days or even weeks after use. This makes marijuana DUI cases more subjective and open to legal challenges.
How Police Detect Marijuana DUIs
If an officer suspects you’re under the influence of marijuana during a traffic stop, they will likely:
- Observe your behavior: Slurred speech, confusion, slow responses, or poor coordination can raise suspicion.
- Conduct field sobriety tests: These include tests like walking in a straight line or standing on one leg.
- Ask for consent to search the vehicle: They may look for cannabis or paraphernalia.
- Use a drug recognition expert (DRE): A specially trained officer may conduct an in-depth evaluation.
- Request a urine or blood sample: Florida’s implied consent law requires you to submit to chemical testing if lawfully arrested.
Refusing chemical tests can result in automatic license suspension and can be used as evidence against you in court.
Marijuana DUI Penalties in Florida
DUI penalties in Florida are severe, and a conviction, whether from alcohol or marijuana, can have lasting consequences. Here’s what you can expect:
First Offense:
- Up to 6 months in jail
- $500 to $1,000 in fines
- License suspension of 6 to 12 months
- DUI school and substance abuse counseling
- 50 hours of community service
- Vehicle impoundment for 10 days
Second Offense (within 5 years):
- Mandatory 10 days in jail, up to 9 months
- Fines between $1,000 and $2,000
- 5-year license revocation
- Ignition interlock device (IID) for at least one year
Third Offense (within 10 years):
- Felony DUI
- Up to 5 years in prison
- Fines up to $5,000
- 10-year license revocation
Additional penalties may apply if there was property damage, injury, or a minor in the vehicle.
Medical Marijuana and DUI: No Special Exemption
While Florida allows medical marijuana, being a cardholder does not protect you from DUI charges. The law explicitly prohibits driving while impaired, regardless of the drug’s legality or prescription status.
If you are a medical marijuana user:
- Use your medication responsibly and in safe environments
- Avoid driving after consumption, especially if you feel even slightly impaired
- Keep documentation and your card with you, but know it won’t excuse impaired driving
There’s no need to take chances with marijuana usage and driving. If you feel there’s even a small risk of you being under the influence, avoid driving.
There are so many other options, like getting an Uber or a taxi, or asking a sober friend to drive you home. Better to be safe than sorry in such cases.
Fighting a Marijuana DUI Charge
Because there’s no set THC limit and testing methods are flawed, marijuana DUIs can be difficult for prosecutors to prove, but only with the right DUI legal defenses. A knowledgeable Florida DUI attorney may challenge:
- The validity of field sobriety tests
- The qualifications of the arresting officer or DRE
- The reliability of chemical tests (especially urine tests)
- Whether there was probable cause for the traffic stop
- The accuracy of impairment assessments
If successful, charges may be reduced or dismissed, or penalties minimized.
Cannabis DUI Consequences
Even a first-time marijuana DUI conviction can affect:
- Employment opportunities, especially for commercial drivers
- Auto insurance rates
- Professional licenses
- College applications and scholarships
- Custody arrangements in family law
Additionally, DUI convictions in Florida are not eligible for expungement or sealing, meaning they stay on your permanent criminal record.
DUI Laws in Florida – Be Aware and Careful
DUI laws in Florida for marijuana are serious and carry long-term consequences. The best course of action is to avoid driving after any marijuana use, understand your rights, and seek legal counsel if charged.
RHINO Lawyers have won hundreds of cases for our clients and are ready to do the same for you. Don’t go at it alone when you are charged with a marijuana DUI, as a conviction can negatively affect so many aspects of your life.
Contact our team to learn more about your options so you can decide what’s best for you in such dire circumstances.
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