Driving under the influence (DUI) of cannabis is never a good idea. Nevertheless, getting caught doing so doesn’t necessarily incur the same penalty in every state. States regulate DUI differently regardless of the substance involved. That is due to the way our government system is set up.
In some states, you will get a fine and a suspended license on a first offense. Other states do not take away your license until the second or third offense. There are even some states that impose jail time. There is also the matter of how DUI is determined. There are generally two models: effects-based and zero-tolerance.
Effects-Based DUI
Driving under the influence of cannabis (DUIC) can be tough to prove because just having THC in your system doesn’t necessarily mean your ability to drive is impaired. THC can live in the system for weeks. Even if it is just a couple of hours, you could test positive for THC even though the impairing effects of the drug had already worn off.
With this in mind, some states have adopted the effects-based model for prosecuting DUIC. Under this model, the authorities have to be able to prove that a driver’s abilities were impaired by cannabis. The best way to do that is to administer the cannabis equivalent of a roadside sobriety test. But even at that, determining impairment is largely up to the judgment of the police officer.
As you could imagine, states operating under this model have a more difficult time prosecuting DUIC. Prosecutions are not impossible, but they are more difficult. Perhaps that’s why other states have adopted the zero-tolerance approach.
Zero-Tolerance DUI
In a zero-tolerance state, impairment is assumed whether it can be proved or not. Drivers pulled over for any reason can be prosecuted for DUIC if the officer in question can at least prove cannabis consumption within a reasonable amount of time. A drug test reveals any such suspicions easily enough.
Utah is a zero-tolerance state, according to the owners of the Deseret Wellness cannabis pharmacy in Provo. Guilty parties are subject to fines, jail time, license suspensions, and community service. The thing to note here is that Utah is a medical-only state.
Consuming cannabis for medical reasons is not a license to drive under the influence. Likewise, drivers in Utah can be prosecuted for driving while impaired by any legally prescribed medication. A patient using opioid medications cannot legally drive if those medications impair their ability to do so. Cannabis is the same. Even though it is used medically, the rules of impairment still apply.
Retaining an Attorney
Any DUI arrest is serious business. It doesn’t matter whether you’ve been drinking alcohol or consuming cannabis. Conviction almost certainly means expensive fines and a loss of your driver’s license – even temporarily. Repeated offenses could lead to permanent loss of your license along with jail time. Therefore, if you are ever charged with DUI, you are going to need the services of an experienced attorney.
Attorneys are now beginning to specialize in DUIC thanks to the proliferation of legal cannabis throughout the country. With thirty-eight states and the district of Columbia have legalized cannabis in one form or another, incidents of DUIC are being reported more commonly. That’s not to say actual incidents are increasing. Perhaps they aren’t. But more of them are making the news.
States have different DUIC laws because driving is regulated at the state level. It is why each state issues its own driver’s license rather than the federal government doing so. Will there ever be a federal standard? Probably not. Our Constitution will not allow it.