Medical marijuana is legal in Florida, but that doesn’t mean you can drive after using it. Many patients are surprised to learn that you can still be charged with a DUI for marijuana, even if you’re a registered cardholder.
Under Florida Statute § 316.193, it’s illegal to operate a vehicle while impaired by alcohol, controlled substances (including marijuana), or chemical substances that affect your ability to drive safely.
Is It Legal to Drive After Using Medical Marijuana in Florida?
No. Although marijuana is legal for qualified patients, it’s still a controlled substance under Florida law. That means driving under the influence of marijuana, even medical marijuana, is a criminal offense if your normal faculties are impaired.
The law also applies to Delta-8 THC and other hemp-derived cannabinoids that can cause impairment.
Think of it like alcohol: adults 21 and over can legally drink, but driving drunk is still a crime. The same principle applies to cannabis.
Florida Marijuana DUI Laws: What Prosecutors Must Prove
Unlike alcohol DUIs, where a BAC of 0.08% is a clear limit, there’s no legal threshold for marijuana. THC can stay in your system for days or weeks, making it more difficult for the state to prove you were impaired at the time of driving.
To secure a conviction, prosecutors must show:
- You were driving or in control of the vehicle, and
- Your ability to drive was actually impaired by cannabis or another substance.
Common Evidence in a Florida Marijuana DUI Case
Officers and prosecutors may rely on several types of evidence to argue impairment:
- Odor of burnt marijuana
- Erratic driving (weaving, delayed reactions)
- Field sobriety test results
- Blood or urine test showing THC
- Statements made during traffic stop
But keep in mind: a positive drug test alone does not prove impairment.
Defenses to a THC DUI in Florida
If you’re arrested for a marijuana-related DUI in Florida, several defenses may be available:
1. Not Impaired While Driving
THC stays in the body long after the effects wear off. A test showing cannabis in your system doesn’t mean you were high behind the wheel.
2. Inaccurate Drug Testing
Urine and blood tests can be flawed due to lab errors, contamination, or chain-of-custody issues.
3. Unreliable Field Sobriety Tests
Health conditions, fatigue, or environmental factors can cause poor performance, even if you’re sober.
4. Illegal Traffic Stop
If police didn’t have reasonable suspicion to pull you over, any evidence gathered may be excluded.
5. Expert Testimony
A DUI defense attorney may use toxicologists or pharmacologists to challenge the state’s claim of impairment.
Florida DUI Testing and Refusal Penalties
Under Florida’s implied consent law (§ 316.1932), refusing a chemical test after a lawful arrest can lead to serious consequences:
| Test Type | When Can Police Request it? | Refusal Penalty |
| Breath Test | After lawful arrest for alcohol DUI | 1-year license suspension (first offense); Misdemeanor for second refusal |
| Urine Test | After arrest with drug-related suspicion | Same as above |
| Blood Test | If urine/breath not feasible (e.g., after crash) | Suspension; Possible misdemeanor if prior refusals |
DUI Penalties for Marijuana in Florida
A DUI conviction in Florida—whether for alcohol, marijuana, or another substance—can lead to steep penalties:
First DUI:
- Fine: $500–$1,000
- Jail: Up to 6 months
- License Suspension: 180 days minimum
- Community Service: 50 hours
- Probation: Up to 1 year
- DUI School & Vehicle Impoundment
Second DUI (within 5 years):
- Fine: $1,000–$2,000
- Jail: Up to 9 months
- License Suspension: Minimum 5 years
- Ignition Interlock Device: 1 year
- 30-Day Vehicle Impoundment
Third DUI (within 10 years):
- Felony charge
- Fine: $2,000–$5,000
- Jail: Up to 5 years
- License Revocation: 10 years
- Ignition Interlock: 2 years
- 90-Day Vehicle Impoundment
Fourth DUI or More:
- Felony
- Fine: Minimum $2,000
- Jail: Up to 5 years
- Permanent license revocation
- Interlock device required for at least 2 years
Common Myths About Marijuana and DUI in Florida
Myth: If I have a medical marijuana card, I can’t be arrested for a marijuana DUI.
Truth: A valid card does not protect you if you’re impaired behind the wheel. Florida law is clear: driving while under the influence of any substance, even a legal one, is illegal if it affects your driving ability.
Arrested for Marijuana DUI in Tampa Bay? Here’s What to Do:
If you’re facing DUI charges in Hillsborough, Pinellas, or surrounding counties, your next steps are crucial:
- Do not resist or argue with officers.
- Invoke your right to remain silent—anything you say can be used against you.
- Request a criminal defense attorney immediately.
Speak With a Tampa Marijuana DUI Lawyer
Facing a DUI involving marijuana in Florida is serious. The penalties can affect your freedom, license, and future. A skilled Tampa DUI defense lawyer can assess your case, challenge evidence, and protect your rights in court. 📞 Contact our office today to schedule a confidential consultation.
The information provided on this page is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Please contact a licensed attorney to discuss the details of your case.