Medical Marijuana and DUI Cases

Most people know that it is illegal to drive while under the influence of alcohol and drugs, including marijuana. However, some people aren’t aware that even if you have a medical marijuana license, you cannot drive while under the influence. While Omaha drug crimes consider all marijuana against the law, some people with medical marijuana permits still push the limit.

Not even states that have the most lenient marijuana laws allow people to drive while under the influence of the drug. The reason is that an impaired motorist is an unsafe driver, regardless of why he or she is impaired – even if the marijuana makes them feel better while behind the wheel.

In order to avoid drug charges or DUI charges, medical marijuana patients should be aware of the consequences of driving and should use alternative transportation.

Remember that a DUI conviction can lead to fines, jail time, and license suspension.

Driving While Using Medical Marijuana

Marijuana patients often worry about driving while using because they can get a DUI charge. In order to be convicted of a DUI charge, the prosecutor must be able to show that the driver was under the influence of marijuana. However, state laws vary when it comes to how they define “under the influence of marijuana.” Basically, prosecutors have to show that the driver was under the influence in one of two ways:

  1. Show that the driver had a certain amount of THC in his or her system;
  2. Show that the driver was impaired by the marijuana.

Laws that prohibit a certain amount of marijuana in the system are usually referred to as “per se” laws. Depending on the state in which the DUI occurred, there is a limit to the number of nanograms of THC per liter of blood or the legal limit can be any measurable amount of THC.

The legal implications of the term impaired in DUI cases can also vary by state. In some cases, a driver is considered to be “under the influence” if at all impacted by the marijuana. Others require proof of substantial impairment. Sometimes, medical marijuana patients will be treated more leniently than those who use recreational marijuana.

Punishments for DUI Charges Under the Influence of Marijuana

The penalties for being convicted of a marijuana DUI charge can include jail time, fines, probation, and suspension of your license. These sentences can be more severe when there have been prior DUI convictions, a traffic accident, evidence of reckless driving, or if you were driving with a minor in the vehicle. Based on the details of the case (and the way that your lawyer argues), the judge will be able to sentence the defendant within the range of penalties that are specified by the law.

Regardless, since Nebraska is a state that does not have legal marijuana, judges are more likely to be harsh with penalties, even for those who drive in the state from somewhere else. You need to be cautious of the laws of every state you travel in when you have a medical marijuana license.

Do You Need An Omaha, NE Drug Attorney?

If you feel that you have been wrongly charged or convicted of a drug possession crime due to your use of medical marijuana, you need to have the help of an experienced Omaha, NE drug lawyer. There is no time like the present to get started so that an experienced attorney can help to build your case. This can take some time to do, so it is important that you start working with a qualified and experienced DUI attorney at the earliest possible time.

Contact drug defense attorney Daniel Stockmann today for more information about how you can protect yourself and stand up for your rights, even if you have been accused of a DUI. No matter what the situation is, you deserve experienced and dedicated representation. Call Stockmann Law at 844-545-3022.