Can I Get a DUI While Driving High on Medical Marijuana?

Many people assume that because medical marijuana is legal in Florida, they cannot be charged with a DUI while driving after using it. However, Florida Statute, 316.193 makes it illegal to operate a vehicle while impaired by alcohol, a controlled substance, or a chemical substance that affects normal faculties.

Medical Marijuana and DUI in Florida

Although medical marijuana is lawful for qualified patients, Florida law still classifies it as a controlled substance. If a driver’s normal faculties are impaired due to marijuana use, they can face DUI charges. The same applies to Delta-8 THC, a hemp-derived compound that can cause impairment.

Just as it is legal for an adult over 21 to consume alcohol, and just as it is legal for a medical marijuana cardholder to ingest cannabis, it is still illegal to drive while impaired by these substances. If alcohol, marijuana, or another drug affects a driver’s ability to safely operate a vehicle, a DUI charge may follow.

Defenses to a Marijuana DUI Charge

Although prosecutors may attempt to prove impairment, several legal defenses exist for marijuana-related DUI charges:

• Not Impaired at the Time of Driving: Marijuana can remain in the body for up to 30 days, so a positive test does not necessarily mean the driver was impaired when operating the vehicle.
• Challenging Blood or Urine Test Results: Test results can be unreliable due to improper calibration, contamination, or chain-of-custody errors.
• Challenging Field Sobriety Tests: Many individuals have medical conditions that impact their performance, or officers may conduct tests in poor environmental conditions.
• Suppressing Evidence After an Unlawful Stop: If law enforcement lacks reasonable suspicion for a traffic stop, evidence collected may be inadmissible in court.
• Expert Witness Testimony: Toxicologists and pharmacologists can testify about the limitations of marijuana testing and whether impairment was actually present.

Why Proving Marijuana DUI Is More Difficult

Unlike alcohol, where a 0.08% BAC is a clear impairment threshold, proving marijuana impairment is more complex. Marijuana stays in the system for up to 30 days, meaning a positive test does not necessarily indicate impairment at the time of driving. Prosecutors must show that the driver was actively impaired while operating the vehicle, not just that marijuana was present in their system.

Common Evidence in Marijuana DUI Cases

• Odor of Burnt Marijuana: The smell of marijuana can indicate recent use and may be used as evidence by officers.
• Erratic Driving Patterns: Weaving, slow reactions, or other unusual driving behaviors can suggest impairment.
• Field Sobriety Tests: Officers assess balance, coordination, and cognitive ability to determine impairment.
• Blood or Urine Tests: Although a positive test alone does not prove impairment, it can support a DUI case when combined with other evidence.

DUI Testing and Refusal Penalties

Florida Statute, 316.1932  allows police officers to request chemical tests to determine impairment:

Penalties for a DUI Conviction

DUI penalties apply regardless of whether the impairment comes from alcohol, marijuana, or another drug.

First DUI Conviction (Fla. Stat. § 316.193(2)(a)1.)

• Fine: $500 – $1,000
• Jail Time: Up to 6 months
• License Suspension: Minimum 180 days
• Probation: Up to 1 year
• Community Service: Minimum 50 hours
• Vehicle Impoundment: 10 days
• DUI Education Program: Mandatory

Second DUI Conviction (Fla. Stat. § 316.193(2)(a)2.)

• Fine: $1,000 – $2,000
• Jail Time: Up to 9 months
• License Suspension: Minimum 5 years (if within 5 years of the first conviction)
• Ignition Interlock Device: Required for at least 1 year
• Vehicle Impoundment: 30 days

Third DUI Conviction (Within 10 Years) (Fla. Stat. § 316.193(2)(b)1.)

• Felony charge (third-degree felony)
• Fine: $2,000 – $5,000
• Jail Time: Up to 5 years
• License Revocation: Minimum 10 years
• Ignition Interlock Device: Required for at least 2 years
• Vehicle Impoundment: 90 days

Fourth or Subsequent DUI Convictions (Fla. Stat. § 316.193(2)(b)3.)

• Felony charge (third-degree felony)
• Fine: Minimum $2,000
• Jail Time: Up to 5 years
• Permanent License Revocation
• Ignition Interlock Device: Required for at least 2 years

Common Misconceptions About Marijuana DUI

By 2025, the scent of marijuana and hemp smoke is common on Florida roads. Many drivers mistakenly believe that because medical marijuana is legal, they cannot face DUI charges. However, Florida law prohibits driving under the influence of any substance that impairs normal faculties—including legally obtained medical marijuana.

What to Do If You Face DUI Charges in Tampa Bay

If police arrest you for a DUI in Tampa Bay, your actions after the arrest can significantly impact your case. Follow these steps:

• Remain Calm: Do not resist arrest or argue with officers.
• Invoke Your Right to Remain Silent: Anything you say can be used against you.
• Request a Lawyer Immediately: Insist on speaking with an attorney before answering questions.

Contact an Experienced Tampa DUI/Medical Marijuana Lawyer Today

If you are facing DUI charges in Tampa, Hillsborough County, or the Tampa Bay area, securing experienced legal representation is critical. Brancato Law Firm, P.A. has extensive experience handling DUI cases and is familiar with local judges, prosecutors, and courts—giving our clients a strategic advantage. Check out our Tampa DUI Lawyer page and our Tampa Drug Crimes Lawyer page.

Contact Brancato Law Firm, P.A. today to discuss your case and build a strong defense.

Call (813) 727-7159 to schedule your consultation and protect your future.

Frequently Asked Questions About Medical Marijuana DUI in Florida

Can I get a DUI for using medical marijuana in Florida?

Yes. Even though medical marijuana is legal for qualified patients, Florida Statute 316.193 makes it illegal to drive while impaired by any controlled substance. This includes marijuana and Delta-8 THC. A driver can be charged if their normal faculties are impaired, even if the marijuana was legally obtained through a prescription.

Is medical marijuana still considered a controlled substance under Florida law?

Yes. Florida continues to classify marijuana as a controlled substance. While you may have a valid medical marijuana card, it does not exempt you from DUI prosecution if the state claims that your ability to drive was impaired by cannabis.

How does Florida prove a marijuana DUI?

Prosecutors must show that your ability to drive safely was impaired at the time you were operating the vehicle. Evidence may include the odor of burnt marijuana, erratic driving, field sobriety test results, or blood and urine test results. However, a positive test alone is not enough to prove impairment since THC can remain in the body for up to 30 days.

What are the penalties for a marijuana DUI in Florida?

The penalties are the same as alcohol-related DUIs:

• First offense: Fines between $500 and $1,000, up to 6 months in jail, and license suspension for at least 180 days.
• Second offense: Fines between $1,000 and $2,000, up to 9 months in jail, and a possible 5-year license suspension.
• Third offense (within 10 years): Third-degree felony with up to 5 years in prison and a 10-year revocation.
• Fourth or subsequent offense: Third-degree felony with up to 5 years in prison and permanent license revocation.

What are the common defenses to a marijuana DUI charge?

1. Lack of impairment at the time of driving

THC can linger long after the effects have worn off, so a positive test does not automatically prove impairment.

2. Faulty or unreliable testing

Blood or urine tests can be flawed due to improper calibration, contamination, or chain-of-custody errors.

3. Invalid field sobriety tests

Medical conditions, poor lighting, or uneven ground can make these tests unreliable indicators of impairment.

4. Unlawful traffic stop

If police lacked reasonable suspicion to pull you over, your attorney can move to suppress all evidence that followed.

5. Expert testimony

Toxicologists and pharmacologists can explain the limits of marijuana testing and challenge assumptions about impairment.

What happens if I refuse a breath, blood, or urine test?

Under Florida Statute 316.1932, refusing a lawful test can result in harsh penalties:

• First refusal: One-year license suspension.
• Second refusal: Eighteen-month suspension and a separate misdemeanor charge.
• Blood test refusal: May still be taken if you are unconscious or receiving medical care and suspected of impairment.

Is it harder for prosecutors to prove marijuana DUI than alcohol DUI?

Yes. Alcohol impairment is measured by a clear 0.08% BAC threshold. No such standard exists for marijuana. Because THC remains in the bloodstream long after use, prosecutors must rely on circumstantial evidence, officer observations, and expert opinions to show impairment at the time of driving.

What kind of evidence do police use in marijuana DUI cases?

Officers often rely on:

• Odor of marijuana or burnt cannabis
• Unusual driving patterns such as weaving or slow reactions
• Field sobriety test results
• Blood or urine test results
• Officer observations of red eyes or slowed speech

Each of these forms of evidence can be challenged by an experienced defense attorney.

What are the biggest misconceptions about marijuana DUI?

Many drivers believe that holding a medical marijuana card protects them from DUI charges. That is false. Florida law prohibits driving under the influence of any substance that affects normal faculties—whether legal or not. Even legally prescribed medication or hemp-derived Delta-8 can lead to a DUI if impairment is alleged.

What should I do if I am arrested for a marijuana DUI in Tampa?

1. Stay calm and cooperate. Do not argue or resist.
2. Exercise your right to remain silent. Avoid making statements about what you used or when.
3. Request an attorney immediately. Do not answer further questions until you speak with a lawyer.