Can You Get a DUI With a Medical Marijuana Card?

Introduction

Have you contemplated obtaining an online medical marijuana card? With the increasing recognition of medical marijuana as a viable treatment option, coupled with mounting clinical evidence supporting its benefits, the appeal is understandable. However, amid the evolving landscape of marijuana legalization, concerns about its legal implications, particularly regarding driving, arise. This prompts the question: Can you get a DUI (Driving Under the Influence) with a medical marijuana card?

Let’s delve into the complexities of this issue, examining the role of medical marijuana cards, the interaction between marijuana use and driving laws, and the distinctions between THC and CBD products in this context.

Related: Is Medical Marijuana Right for You?

What Is a Medical Marijuana Card?

In the mosaic of marijuana legalization across the United States, medical marijuana cards serve as access keys to regulated dispensaries in states where medical marijuana is legal. These cards enable patients to procure marijuana for therapeutic purposes, subject to the regulations of their respective jurisdictions.

The process of obtaining a medical marijuana card varies by state but is generally accessible and straightforward. Services like CannabisMD Telemed facilitate this process, connecting individuals with healthcare providers who recognize marijuana’s therapeutic potential and guiding them through the application procedure.

Navigating DUI Laws and Medical Marijuana

Contrary to popular belief, possessing a medical marijuana card does not inherently increase the risk of a DUI charge. The legal ramifications of a DUI are contingent upon the individual’s impairment level or the presence of intoxicating substances at the time of arrest, irrespective of their possession of a medical marijuana recommendation.

DUI laws encompass a spectrum of mind-altering substances, extending beyond alcohol to include psychedelics, certain medications, and THC—the psychoactive compound in cannabis. It is universally illegal to operate a vehicle under the influence of THC, whether for medical or recreational purposes. Thus, driving while intoxicated by THC can lead to severe penalties, including license suspension, fines, and even incarceration.

Read Also: Medical Cannabis Card Application Process for Minors/Incapacitated Adults

Distinguishing Between THC and CBD

The distinction between THC and CBD (cannabidiol) is crucial in assessing the legal implications of marijuana use, particularly concerning driving. Unlike THC, CBD does not induce psychoactive effects, making the likelihood of a DUI stemming from CBD consumption considerably low.

The passage of the 2018 Farm Bill legalized CBD derived from hemp nationwide, provided it contains no more than 0.3% THC. Consequently, hemp-derived CBD products that meet this criterion are federally legal and generally safe from an intoxication standpoint.

However, it is essential to recognize that state laws regarding marijuana use and DUIs may diverge from federal regulations. Some states impose stricter regulations on THC content, while others adopt laws that establish specific thresholds for THC intoxication.

Mitigating Risks and Ensuring Compliance

For individuals utilizing medical marijuana, proactive measures can mitigate the risk of DUI charges. It is advisable to:

  • Adhere to state-specific DUI laws and regulations.

  • Exercise caution when consuming marijuana products, particularly those containing THC.

  • Verify product labels for accurate THC content and opt for third-party lab-tested items.

  • Opt for hemp-derived CBD products to minimize the risk of intoxication.

  • Familiarize oneself with local laws and err on the side of caution when in doubt.

Conclusion: Get Your Medical Marijuana Card with CannabisMD Telemed 

If you intend to use medical marijuana, it's crucial to familiarize yourself with local laws and approach usage responsibly. Always prioritize safe driving and refrain from driving if you're impaired. This rule extends to any product containing more than 0.3% THC, even if its effects seem minimal.

Remember that state laws regarding CBD use and DUI regulations vary. Take the initiative to research the specific laws in your state, and when uncertain, exercise caution. It's preferable to delay activities that require driving until you're certain of your sobriety. Prioritize safety above all else.

Should you require further guidance on obtaining a medical marijuana card, don't hesitate to reach out to us. Our community is dedicated to assisting you through the application process and navigating your healing journey.

Obtaining a medical marijuana card does not expose you to DUI risks. Instead, it offers access to a myriad of medical possibilities, provided it is utilized responsibly.

 

FAQs

  • Having a medical marijuana card does not immunize you from DUI charges. The legality of driving under the influence of marijuana depends on impairment levels or the presence of intoxicating substances at the time of arrest. Regardless of possessing a medical marijuana recommendation, driving under the influence of THC is illegal and can lead to severe penalties.

  • CBD (cannabidiol) products, unlike THC (tetrahydrocannabinol) products, do not induce psychoactive effects. While theoretically, driving after consuming CBD may be safer, it is essential to ensure that the CBD products contain 0.3% THC or less. However, state laws regarding CBD use and DUI regulations vary, so it is advisable to research and exercise caution.

  • DUI laws typically apply uniformly to all drivers, irrespective of whether they use marijuana for medical or recreational purposes. The focus is on impairment levels or the presence of intoxicating substances while operating a vehicle. Therefore, medical marijuana users are subject to the same legal standards as recreational users when it comes to DUI charges.

Headshot of Steven Fiore, MD

This article has been reviewed by Steven Fiore, MD.

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