DUI for Having Marijuana in Your System

Can You Get a DUI for Having Marijuana in Your System?

The answer is a logical one.  If you have marijuana in your system that you consumed right before driving a vehicle, that will have an effect on your driving.  If you consumed the marijuana days ago, you are not feeling any effects from marijuana so therefore it is logical to assume that it is not affecting your driving.  Logic doesn’t always line up with the law, however, so you will want to check your state laws to be clear on what their directives are.  

DUI for Having Marijuana in Your System?  Philly DA Establishes Plan for DUI Drivers – DUIs Only for those who are Truly Stoned

The Pennsylvania District Attorneys Association testified against legalizing cannabis for adult recreational use in Harrisburg last Monday. During the hearing, the topic of conversation veered towards DUIs for “stoned” drivers.

Philadelphia District Attorney Larry Krasner has stated that his office will not prosecute cannabis DUIs “unless people show active – I repeat, active – psychoactive amounts of cannabis in their system that rise to a level which has generally scientifically been agreed upon as affecting driving.”

However, as of right now it is not clear what that level might be. Tests can only detect the level of THC metabolites in the blood, but are not able to determine intoxication.

“What that law currently says is that if there is any detectable amount of digested marijuana in your system, then you are DUI,” Krasner said. “So in other words, if I smoked a joint 30 days ago, it has absolutely no psychoactive effect whatsoever on anything I am doing, and I drive a car, then I am driving under the influence. This is absurd.”  Read more. 

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