With the approval of medical marijuana in many states, users of this prescriptive medicine are challenging the DUI laws. Unbeknownst to some, driving under the influence is not a crime reserved for alcoholics. This charge can also be issued to people who are under the influence of drugs- prescriptive or not. While medical marijuana is legal, and carriers cannot be prosecuted for drug possession, they can be given a DUI if their marijuana intake affects their driving.
Associated Press writes that medical cannabis is causing challenges for the highway patrols. Unlike alcohol, the main ingredient in marijuana, THC, can linger in the user's system for weeks. DUIs are given based on the BAC of the suspect. Essentially, the suspect is tested and if there are traces of alcohol or drugs within their bloodstream that surpass the legal limit, then that person can be convicted. Yet THC may be in the driver's system and have no effect on that person's driving. In fact, traces of the drug can linger in the bloodstream long after the person is sober.
Despite this, the British Medical Journal proved that marijuana users have a higher probability of a fatal collision. Marijuana use doubles the chance that the driver will crash, because the drug affects a person's spatial awareness. This makes it easy to rear end a car or shift into a lane and hit another car, because the vehicle appears farther than it actually is. A European university research project found that marijuana users often deny that they are under the influence of the drug, unlike alcoholics who are normally aware that they are drunk. This lack of awareness of their condition gives marijuana users a high risk status when they get into their cars. Marijuana also slows a driver's reaction times, giving a higher probability of a crash.
In 2009, the National Highway Traffic Safety Administration determined that 16.3 percent of all the drivers who were issued DUIs each night were impaired from drugs, rather than alcohol. These drugs were both legal and illegal in nature. 9 out of the 16.3 percent of drivers had marijuana in their system when they were arrested. Medical cannabis is often dealt with like other influential prescriptive drugs. When impaired, people should not be allowed out on the road, whether or not the drug is legal. Still, some drivers are able to successfully contest their charges when they can prove that they were taking a drug for medical purposes. Each case is different, so it is worth a try to contact your DUI attorney and challenge your charges.
Several states have set a limit on the amount of THC that is allowed in a person's system while he or she is behind the wheel. There is no widespread agreement on what that limit should be. However, two states have determined that a driver should be allowed to have up to 2 Nano grams per milliliter of blood. Other states have a zero tolerance on THC. This creates a particularly complicated situation for men and women who are taking medical marijuana and driving out on the roads. If caught, these people are guaranteed to be issued a DUI, even though they are in legal possession of the drug. As of last month, Colorado and Washington were considering a tolerance level of 5 Nano grams, but this has not been confirmed yet.
THC blood tests are heavily influenced by the suspect's age, weight and gender. Also, the frequency with which the person uses marijuana will either spike or drop their THC level, since the THC from one week can carry over into a marijuana use later on and heighten those levels. All in all, it is best to avoid driving when you are taking medical marijuana, because of the way that it affects your spatial awareness and reaction times. If you were convicted of a DUI because you were taking medical marijuana and then driving, you will want to get a DUI lawyer involved in your case so that you can best settle the case. Clearing up your DUI may save you from months without a license, expensive fines, jail time, or other punishments.