Medical marijuana is widely used to help with symptoms of various conditions. Its therapeutic properties have been demonstrated to offer a range of health and wellness benefits, improving the quality of life for many individuals. Medical marijuana is a part of the daily routine for many people now. However, can you drive while taking medical marijuana? In this blog, we will address the impact of medical marijuana on driving and discuss whether you should drive under the influence of medical marijuana.
How THC in Medical Marijuana Can Lead to Impaired Driving
THC is a primary psychoactive compound in medical marijuana, responsible for euphoric and intoxicating effects. THC can lead to impaired driving by affecting the driver’s psychomotor skills, which can result in slowed reaction times, reduced coordination, and poor judgment of distance and lane positioning. Being under the influence of THC can slow down the body’s ability to react to unexpected events, such as a vehicle suddenly stopping or a pedestrian crossing the street. These effects can compromise critical driving functions like attention, decision-making, and visual perception, increasing the risk of accidents.
Understanding the Laws Surrounding Medical Marijuana and Driving
Driving under the influence (DUI) of marijuana, both medical and recreational, is illegal in all states, including for registered medical marijuana patients. That is because marijuana remains a controlled substance at the federal level, although it is medically or recreationally legal in many states.
Unlike alcohol, for which a blood alcohol content (BAC) test provides a reliable measure of impairment, there is no similar scientific standard for marijuana. This lack creates complex legal risks for patients because of how THC is detected in the body. THC can remain in a person’s system for days or weeks after the intoxicating effects have worn off. For this reason, a blood or urine test that detects THC does not definitively prove a driver was impaired at the time of operating a vehicle. Since there is no federally accepted standard governing the understanding of marijuana effects, states have adopted different legal approaches to determine drug-impaired driving.
Behavior-Based Impairment Laws vs. Per Se Laws
Since there is no reliable test that can demonstrate whether a driver was under the influence of medical marijuana while driving, different states have legislated different laws to tackle this issue.
- Effects-based impairment law: About 31 states use an effects-based or DUID approach, which is the most common and patient-friendly system. In these states, a DUI conviction requires proof that the driver was impaired by marijuana. A positive drug test alone is generally not enough for a conviction. Law enforcement must rely on additional evidence, such as erratic driving, performance on field sobriety tests, and observations by trained drug recognition experts (DREs).
- Per se law: Six states have per se laws, which prohibit driving with a detectable amount of THC in the body that exceeds the legal limit.
- Zero-tolerance law: This law, practiced in 12 states, including Georgia, prohibits driving with any amount of THC or its metabolites in the body.
- Permissible inference law: Practiced only in Colorado, this law considers a driver to be under the influence if THC is identified in the blood in quantities of 5 ng/ml or higher.
Factors That Affect THC Impairment
THC doesn’t affect everyone the same way. Several factors that determine the level of THC impairment including the following.
- Dosage and delivery method: Different medical marijuana products have varying absorption rates. In edibles, effects are delayed, taking 30 minutes to an hour to set in, but can last much longer. In topicals, effects usually take 10 to 30 minutes to appear.
- Tolerance level and frequency of use: Frequent cannabis use leads to tolerance, which means an individual will need more THC to achieve the effects they’re used to, potentially reducing impairment over time.
Consequences of Driving While Impaired by Medical Marijauna
Regardless of the state you reside in, there are various potential consequences of driving while impaired by medical marijuana.
Legal Penalties
If you’re driving while impaired by medical marijuana, you can be arrested and charged with a DUID (driving under the influence of drugs). This is a serious criminal offense that can result in legal penalties. The severity of the penalties depends on the state, the availability of medical defense, the severity of impairment at the time of driving, and whether you’re a first-time or repeat offender.
Insurance Implications
A DUI conviction will raise your auto insurance premiums significantly. Many insurance companies may even drop your coverage.
Personal Injury and Liability
The most serious consequence of driving while impaired is a car accident. Marijuana can slow reaction time, decrease coordination, and impair judgment, all of which increase the risk of a crash and injuries. Driving while impaired also increases liability in an accident, leading to potential civil personal injury claims for medical expenses, lost income, and other damages, as well as criminal charges against the impaired driver. It’s also often difficult for a driver to get coverage for liability after an accident due to the presumption of the driver’s dangerous conduct.
Impact on Medical Marijauna License or Prescription
If you’re arrested while driving under the influence of medical marijuana, you may face suspension of your medical marijuana card as well as your driver’s license.
Final Thoughts
Although different states approach the legality of driving while impaired by medical marijuana in various ways, the consensus is that it’s dangerous and federally illegal to operate a vehicle in that condition. If you drive under the influence of medical marijuana, you put yourself and others at risk of injuries, and you can also face harsh legal consequences, including suspension of your driver’s license and medical marijuana card. Therefore, if you’re taking medical marijuana, it’s best to avoid driving.
