Drugged Driving In The Age Of Semi-Legal Cannabis

Cannabis enthusiasts who, a generation ago, only daydreamed about an era of legal cannabis have seen most of their wishes come true. Even though federal law and Florida law still list cannabis as a Schedule I controlled substance, meaning that it is always illegal and does not have any recognized medical uses, Florida has implemented a medical cannabis program. Therefore, it is legal for the program’s many thousands of participants to possess small quantities of cannabis products, including marijuana, for personal use to manage chronic health conditions. Some counties have even decriminalized possession of small quantities of marijuana for recreational use for all adults ages 21 and over, but Hillsborough County is not one of them, as of 2025. In other words, if you get arrested for cannabis possession in Florida these days, it is either because the quantity of the drug is so big that the police suspect you of illegally selling it, or else that the police are going out of their way to catch you in the act of doing something that is technically illegal. Even though it is legal for some people to smoke weed in some parts of Florida, driving under the influence of cannabis is always illegal. If you are facing criminal charges arising from a traffic stop where police accused you of being under the influence of cannabis, contact a Tampa drug crime lawyer.

Impaired Driving Is Against the Law Even When the Weed Itself Is Legal

Driving under the influence of cannabis, or any other psychoactive substance that impairs reaction time, counts as the criminal offense of DUI, even if the driver bought the substance legally. Consider that you can legally buy alcoholic beverages if you are at least 21, but you can get arrested for DUI if you make a noticeable driving mistake after drinking, even if you do not feel drunk and do not cause an accident. You can also get a DUI if you drive after taking prescription medication that causes drowsiness or otherwise interferes with your driving ability. The fact that you have a valid prescription will not get you acquitted of the DUI charges.

The Trouble With Cannabis Breathalyzers

It is easy to tell whether a driver consumed too much alcohol too recently to drive safely. Florida law defines drunkenness as having blood alcohol content (BAC) of greater than or equal to 0.8 percent. After drinking alcohol, alcohol metabolites appear in the drinker’s blood and breath quickly and disappear at about the rate of one alcoholic beverage per hour. Therefore, you cannot get a DUI if it has been days since you last drank. The same is not true with cannabis DUI. The currently available cannabis breathalyzers cannot tell the difference between recent cannabis use and cannabis use from several weeks ago. Therefore, you might be able to argue in court that, even though cannabis still shows up on your breathalyzer, you last used cannabis so long ago that it is not currently interfering with your driving ability.

Contact Tampa Criminal Defense Attorney Bryant Scriven

A criminal defense lawyer can help you get justice if you are facing criminal charges for drugged driving.  Contact Scriven Law in Tampa, Florida to schedule a consultation.

Source:

flhsmv.gov/drivebakedgetbusted/