As marijuana use becomes more widespread, understanding DUI laws in Florida related to cannabis is crucial. While medical marijuana is legal in Florida, it is still illegal to drive under the influence of marijuana. Unlike alcohol-related DUIs, marijuana DUIs present unique legal challenges, including how impairment is measured and the potential defenses available to drivers.
In this guide, we’ll break down Florida’s marijuana DUI laws, penalties, defenses, and best practices for staying legal.
Legal Status of Marijuana in Florida
Medical Marijuana Use in Florida
Florida has legalized medical marijuana for qualifying patients under the Florida Medical Marijuana Legalization Initiative (Amendment 2). However:
- Driving under the influence of medical marijuana is illegal.
- Possessing marijuana without a valid medical card can result in criminal charges.
- Employers and law enforcement agencies may still enforce zero-tolerance policies for cannabis impairment.
Recreational Marijuana in Florida
Currently, recreational marijuana is illegal in Florida. Possessing small amounts of marijuana without a medical card can lead to:
- Misdemeanor charges
- Fines up to $1,000
- Jail time up to one year
Understanding Marijuana DUI Laws in Florida
What Constitutes a Marijuana DUI in Florida?
A driver can be charged with a DUI for marijuana if they are impaired to the extent that normal faculties are impaired, regardless of whether they have a valid medical marijuana card.
How Is Marijuana Impairment Measured?
Unlike alcohol, where impairment is determined by a BAC of 0.08% or higher, marijuana impairment is harder to measure. Officers rely on:
- Field sobriety tests (FSTs)
- Officer observations (slurred speech, slow reaction times, erratic driving)
- Drug Recognition Experts (DREs)
- Blood or urine tests to detect THC
However, THC can remain in the body for days or weeks, making it difficult to prove actual impairment at the time of driving.
Penalties for a Marijuana DUI in Florida
First-Time Marijuana DUI Penalties
- Fines: $500 – $1,000
- License suspension: 180 days to 1 year
- Jail time: Up to 6 months
- Mandatory DUI school and substance abuse program
- Possible probation and community service
Second Marijuana DUI Offense (Within 5 Years)
- Fines: $1,000 – $2,000
- License suspension: Minimum 5 years
- Jail time: Up to 9 months
- Ignition interlock device (IID) required
- Mandatory drug treatment program
Third Marijuana DUI Offense (Within 10 Years)
- Fines: $2,000 – $5,000
- License revocation: Minimum 10 years
- Jail time: Up to 12 months
- Mandatory IID for at least 2 years
Aggravating Factors That Increase Penalties
- Having a minor in the vehicle
- Causing an accident, injury, or death
- Having an extremely high THC concentration
Legal Defenses Against a Marijuana DUI Charge
Challenging the Legality of the Stop
A DUI attorney may argue that the traffic stop was unlawful if law enforcement lacked probable cause.
Questioning Field Sobriety Tests
FSTs are subjective and unreliable for detecting marijuana impairment. Factors like fatigue, medical conditions, or nervousness can cause a driver to fail these tests.
Challenging THC Testing Methods
- Blood and urine tests detect past marijuana use, not impairment at the time of driving.
- There is no legal THC limit for impairment in Florida, unlike alcohol.
Medical Marijuana Defense
If you are a registered medical marijuana patient, an attorney can argue that:
- Your THC levels were from legal use and not impairment.
- Officer observations were not reliable.
How to Stay Legal and Avoid a Marijuana DUI in Florida
Best Practices for Medical Marijuana Users
- Do not drive immediately after using marijuana. Wait until you are certain you are not impaired.
- Keep your medical marijuana card with you at all times.
- Be aware of your reaction to different strains and dosages.
What to Do If Pulled Over for Suspected DUI
- Remain calm and be polite.
- Do not admit to using marijuana.
- You can refuse field sobriety tests (but refusing chemical tests leads to an automatic license suspension).
- Request an attorney immediately if arrested.
Recent Trends and Future Outlook for Marijuana DUI Laws
Evolving Legislation
- Efforts to legalize recreational marijuana in Florida could lead to new DUI enforcement policies.
- Future laws may establish a per se THC limit similar to alcohol BAC laws.
Advancements in DUI Detection
- Mouth swab tests for THC impairment are being developed.
- Police may soon have new technology to detect real-time impairment, rather than past usage.
Conclusion
Florida has strict DUI laws for marijuana, even for medical users. Unlike alcohol DUIs, marijuana-related charges rely on subjective assessments and flawed THC testing methods. Knowing your rights, penalties, and legal defenses can help you stay compliant and avoid a DUI conviction.
If you are facing a marijuana DUI charge in Florida, consult with a DUI attorney to protect your rights and explore potential defenses.
FAQ’s
What is the medical marijuana exception in Florida?
What is Florida's marijuana policy?
What is the penalty for having marijuana in Florida?
The penalty for marijuana possession in Florida depends on the amount:\n\n- Less than 20 grams (misdemeanor):
- Up to 1 year in jail
- Fine up to $1,000
- Driver’s license suspension (potential)\n\n- More than 20 grams (felony):
- Up to 5 years in prison
- Fine up to $5,000
- Possible probation and drug counseling\n\n- Trafficking (25+ pounds):
- Mandatory minimum sentences
- Fines up to $200,000