Florida allows qualified patients to use medical marijuana, but the state has never allowed people to drive after consuming it. Every week I meet clients who were pulled over, showed their lawful medical marijuana card, and still found themselves in handcuffs. Many believed that because their medication is legal, they could not be charged with DUI. Florida law takes a different position. If an officer believes your ability to drive is impaired in any way, you can be arrested and prosecuted even if the marijuana was prescribed.
I am a Florida DUI defense attorney who represents medical marijuana patients throughout the state. My job is to help you understand what the law really says, how prosecutors approach these cases, and what defenses can be used to protect your license, your record, and your freedom. These cases are not straightforward. They require careful analysis of officer conduct, field test reliability, and the scientific limitations of marijuana impairment testing.
Below is a detailed explanation of how medical marijuana and DUI charges intersect, why clients often feel blindsided, and how a private attorney can help you fight for a reduced charge or complete dismissal.
Understanding Florida’s DUI Statute and How It Applies to Medical Marijuana
Florida Statute §316.193, Summarized.
Florida’s DUI law states that a person may not drive or be in actual physical control of a vehicle while their normal faculties are impaired due to alcoholic beverages, chemical substances, or controlled substances. Marijuana is legally classified as a controlled substance in Florida, even when a patient is authorized to use it through the state’s medical program.
The statute does not require any specific THC level. It focuses on whether your normal faculties are impaired, which means your ability to see, hear, walk, talk, judge distances, and react as a reasonably careful driver would. Unlike alcohol, THC levels do not correlate well with impairment, so officers rely heavily on subjective observations that are often wrong.
This creates a landscape where many lawful medical marijuana users are charged based solely on an officer’s interpretation of their behavior.
Lawful Use of Medical Marijuana Is Not a Defense to DUI
Patients are surprised when their medical marijuana card does not protect them from arrest. When you show your card to an officer, it confirms you are allowed to possess cannabis, but it does not confirm that you were safe to drive. Officers routinely claim:
- Eyes appeared glassy.
- Movements seemed slow.
- Speech patterns changed.
- Careless driving suggested impairment.
- Odor of cannabis was detected.
- A vape pen or medication container was found.
These observations often have innocent explanations. Fatigue, nervousness, medical conditions, allergies, or environmental factors can cause similar symptoms. Lawful marijuana use alone does not prove impairment, yet many officers assume otherwise.
Why Medical Marijuana DUI Cases Require Immediate Legal Action
Once you are arrested, several things happen quickly:
- Your license is at risk within ten days.
- The prosecution begins building a case before evidence is even reviewed.
- Body cam footage ages and can be overwritten.
- Witness memories fade
- Lab testing may be inconsistent or delayed.
A Florida DUI defense attorney steps in to secure evidence, obtain medical records that explain your symptoms, challenge officer training, and expose gaps in the state’s case. Without early intervention, opportunities for dismissal may be lost.
Field Sobriety Exercises Are Not Designed for Medical Marijuana Users
Most officers administer standardized field sobriety exercises created by the National Highway Traffic Safety Administration. These tests were designed decades ago to detect alcohol impairment, not marijuana impairment.
Problems include:
- Officers often misinterpret slow movements as impairment
- Patients with chronic pain, anxiety, or PTSD may perform poorly even when sober
- Certain medications affect balance
- Environmental factors, such as uneven pavement or weather, may distort performance
In many cases, the video shows the client performing well despite the officer claiming otherwise. This discrepancy is one of the strongest defense opportunities.
Blood and Urine Tests Do Not Prove Impairment
Unlike alcohol, Florida has no THC legal limit. If a patient uses marijuana regularly, THC may remain in the body for days or weeks. This means a urine or blood test can show THC even when the person is not impaired. Prosecutors know this, but they still rely on lab results to strengthen their case.
As a Florida DUI defense attorney, I challenge:
- Chain of custody issues
- Improper collection procedures
- Lab contamination
- Technician training
- Scientific limitations of THC impairment detection
Most jurors are surprised to learn how unreliable marijuana impairment testing actually is. This often favors the defendant.
How Officers Evaluate Medical Marijuana DUI Cases
Trained Drug Recognition Evaluators (DREs) are sometimes called to the scene. Unfortunately, DRE evaluations involve numerous subjective steps. Officers may base conclusions on:
- Pupil size
- Muscle tone
- Pulse rate
- Internal opinion of impairment
None of these indicators reliably prove THC impairment. I frequently uncover inconsistencies between the officer’s written report and body cam footage, which can lead to substantial reductions in charges.
Real Case Example: Dismissal for a Medical Marijuana Patient
A client in Southwest Florida was stopped for drifting within the lane. The officer smelled cannabis and learned the client held a valid medical marijuana card. The client admitted to taking medication earlier that day, but there was no clear sign of impairment.
The officer administered field sobriety tests and claimed the client failed. Once I reviewed the body cam footage, it became clear the client performed the tests well. Movements were normal, balance was controlled, and instructions were followed. The officer overstated alleged clues.
I presented the footage, medical documentation, and an expert opinion on THC metabolism to the prosecutor. We argued the state could not prove impairment at the time of driving.
The result was a full dismissal.
The client retained driving privileges and avoided a DUI conviction entirely.
This case illustrates why defending medical marijuana DUIs requires a complete review of evidence, not blind acceptance of officer claims.
Defenses Available in Medical Marijuana DUI Cases
Several defenses can be used to challenge the state’s case:
1. Lack of Actual Impairment
Showing that your normal faculties were not impaired often leads to dismissal or reduction.
2. Unreliable Officer Observations
Body cam footage frequently contradicts the officer’s written statements.
3. Poorly Administered Field Tests
If instructions were unclear or conditions inappropriate, test results lose weight.
4. No Legal Basis for the Traffic Stop
If the stop was not supported by reasonable suspicion, the case may be thrown out.
5. THC Test Results Do Not Prove Driving Impairment
Courts recognize the scientific limitations of THC testing.
6. Failure to Consider Medical Conditions
Officers often misunderstand symptoms caused by prescriptions, injuries, or anxiety.
7. Improper Arrest Procedure
If the officer did not establish probable cause, the arrest is flawed.
8. Miranda Violations
Statements made without proper warnings may be suppressed.
9. Unreliable Drug Recognition Evaluations
DRE reports are often inconsistent, subjective, and contradicted by video.
10. Absence of Driving
In cases involving parked vehicles, the state must prove actual physical control.
A private attorney evaluates every possible weakness and uses these defenses to push for dismissals, reductions, or alternative resolutions.
Why You Need a Private DUI Lawyer When Medical Marijuana Is Involved
These cases require more than a simple review of the police report. A private attorney can:
- Obtain body camera and dash camera footage quickly
- Request medical documents that explain symptoms mistaken for impairment
- Consult toxicology experts who understand THC metabolism
- Challenge the officer’s training and interpretation of field sobriety exercises
- Fight the administrative license suspension
- Negotiate effectively with prosecutors
- Prepare the case for trial when necessary
Because medical marijuana DUIs are not straightforward, the quality of your defense can dramatically affect the outcome.
FAQs Answered By Our Florida DUI Defense Attorney
Can I still be arrested for DUI even if I have a medical marijuana card?
Yes. Your card only confirms you are allowed to possess marijuana. It does not protect you from a DUI arrest. Officers will focus on whether they believe your normal faculties were impaired at the time of driving. Many patients are arrested based on minor observations that are unrelated to impairment. A private attorney can challenge the officer’s interpretation and use video evidence to show you were safe to drive.
Do THC levels in my system prove impairment?
No. THC remains in the body long after the effects wear off. A test showing THC only proves past use, not current impairment. This is why marijuana DUI cases are far more defensible than alcohol DUI cases. A careful review of timing, metabolism, and test procedures often reveals that the state cannot meet its burden of proof.
What if I used my medication the night before?
Many medical marijuana patients test positive for THC long after using their medication. Officers may still arrest you if they believe you appear impaired, even when you are sober. A defense lawyer can use medical and scientific evidence to explain why tests detected THC even though you were driving safely.
Can an officer rely only on field sobriety tests to arrest me?
Yes, but these tests were not designed to detect marijuana impairment. Officers often misinterpret performance. Body cam footage often shows the driver performed well, which can lead to dismissal. A private attorney uses this footage to challenge every claim made during the stop.
Do Drug Recognition Evaluators make the case stronger?
Not necessarily. DRE evaluations rely on subjective observations that vary widely among officers. Many DRE conclusions are inconsistent with the actual footage or medical explanations. These weaknesses can open the door to reduced charges or dismissal.
What happens to my license after a marijuana DUI arrest?
You have ten days to take action before the administrative suspension takes effect. A private attorney can file for a formal review hearing and work to protect your driving privileges.
Can medical marijuana DUI charges be reduced?
Yes. Because impairment is difficult to prove, prosecutors often agree to reductions when the evidence is weak. Many of these cases resolve as reckless driving or other lesser offenses. The strength of your defense determines your options.
Should I talk to the police about my medical marijuana use?
No. Volunteering information can give the officer more reason to investigate. Politely decline to discuss your medication. Your attorney can address these issues later in a controlled setting.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.