Cannabis and Driving in Michigan
Michigan has implemented strict laws and penalties for driving under the influence of marijuana (DUI). Whether you’re a medical marijuana patient or a recreational user, it’s important to understand the laws and take steps to ensure safe driving practices.
Overview of Michigan’s Marijuana Laws and Driving
Driving under the influence of drugs or alcohol is a serious offense in Michigan, and this includes marijuana. Michigan has had a long battle with marijuana laws which have undergone significant changes over the past few years.
With the legalization of recreational marijuana in 2018, there is a growing concern over how it will impact driving safety.
Legalization of Marijuana in Michigan
Michigan voters passed Proposal 1 in 2018, which legalized recreational marijuana for adults aged 21 and older. Since then, it has become legal to use, possess, and grow marijuana for personal use in Michigan.
However, this does not mean that there are no restrictions. It is still illegal to drive under the influence of marijuana, just like alcohol.
Michigan’s Current Marijuana Driving Laws
Michigan’s laws regarding driving under the influence (DUI) of marijuana are similar to those for alcohol. Drivers with a blood alcohol content (BAC) of 0.08% or higher are guilty of DUI.
For marijuana, however, there is a zero-tolerance policy. If you have any amount of THC (the active ingredient in marijuana) in your bloodstream, you are considered to be driving under the influence. It doesn’t matter if it’s from yesterday or 3 weeks ago.
Effects of Marijuana on Driving Ability
Marijuana can have a profound effect on the brain, and consequently, on driving ability. When it comes to driving, any form of impairment can be dangerous to oneself and others.
Marijuana can distort perception, impair coordination, and slow reaction times. It can also affect the ability to judge distances and make sound decisions while driving. Marijuana can also cause drowsiness.
Marijuana Testing and DUI Enforcement in Michigan
How Michigan Law Enforcement Determines Marijuana Impairment
If a police officer suspects a driver of being under the influence of marijuana, a drug test will be administered to determine the level of THC in the bloodstream. This can be done through blood tests or saliva swabs. Some defense attorneys say you should refuse the swabs due to innacurate and wrong results.
Marijuana DUI Arrests in Michigan
Michigan law enforcement has made significant progress in cracking down on marijuana DUIs. But there have been several issues with testing.
- Official Statement: State Police Halts THC Toxicology Testing and Takes Steps to Ensure Transparency, Accuracy After Technical Issue with CBD (michigan.gov)
- Law Enforcement – Marijuana-impaired_driving_checklist.pdf (michigan.gov)
- 3,000 cases may have been impacted by inaccuracy of State Police.
Penalties for Driving Under the Influence of Marijuana in Michigan
Criminal Penalties for Marijuana-Related DUI in Michigan
In Michigan, a first-time marijuana DUI offender can face up to 93 days in jail, a fine of up to $500, and a driver’s license suspension for 30 days. A second-time offender can face up to one year in jail, a fine of up to $1,000, and a driver’s license suspension for one year.
Costs and Consequences of Marijuana DUI Convictions in Michigan
A marijuana DUI conviction in Michigan can result in higher auto insurance rates, the loss of employment, difficulties in obtaining future employment, and a criminal record. With so much at stake, it is essential always to drive sober and make responsible decisions on the road.
Legal Options for Those Charged with Marijuana-related DUI
What to Do If You’re Charged with a Marijuana-Related DUI in Michigan
If you’re charged with marijuana DUI in Michigan, here are a few steps to take:
– Hire an experienced criminal defense lawyer who can guide you through the legal process.
– Attend all scheduled court dates and comply with all legal requirements.
– Consider entering a plea bargain, which could reduce the charges or penalties you’re facing.
Marijuana DUI Defense Strategies
If you’re facing charges related to marijuana DUI, there are several defense strategies that your lawyer can use to reduce or dismiss the charges. These include:
– Challenging the legality of the police stop or search.
– Arguing that the marijuana found in your system did not impair your ability to drive.
– Presenting evidence of faulty testing or errors in the lab procedures.
Frequently Asked Questions
Can I be arrested for a marijuana-related DUI in Michigan?
Yes, Michigan has strict laws and penalties for driving under the influence of marijuana. If a law enforcement officer determines that you are driving while impaired by marijuana, you may be arrested and charged with a DUI.
What happens if I refuse to take a marijuana DUI test in Michigan?
Michigan has an implied consent law, which means that if you refuse to take a marijuana DUI test, such as a blood or urine test, you may face additional penalties in addition to DUI charges. These penalties can include fines and suspension of your driver’s license.
Can I legally transport marijuana in my car in Michigan?
In Michigan, it is legal to transport marijuana in your car as long as it is in a sealed container and is not accessible to the driver. It is illegal to use or consume marijuana while driving, and you can be charged with a DUI if law enforcement determines that you are impaired.
Is using it while driving illegal?
If you are caught driving while using or under the influence of marijuana, you face serious criminal charges for drugged driving (DUI). You could also face being named in a personal injury lawsuit.
