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majorbacon's avatar

Can I legally drive while using cannabis?

Asked by majorbacon (166points) December 17th, 2018 from iPhone

If you have a prescription for cannabis can you be charged for driving impaired? I wonder because I’m currently on opiates and can drive. But since cannabis is considered a recreational drug would that be different? To be clear I’m talking about taking it medically not for recreation .

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14 Answers

Jeruba's avatar

If have ID that shows you’re of legal age to drink, can you be charged for driving drunk?

filmfann's avatar

Driving under the influence. Yup.

majorbacon's avatar

Not quite the same as alcohol given that you can’t get a prescription to drink. I just know that if I were given a cannabis prescription I would then wonder if I could legally drive anymore. I’m currently taking opioids and wonder whether I should be driving or not.

gorillapaws's avatar

You can get a DUI for driving on legally obtained prescription medication. They impair your ability to operate a motor vehicle safely. For your safety, and everyone else’s, please don’t drive while impaired in any way. Ubers are cheap.

zenvelo's avatar

You can’t drive while under the influence of cannabis or under the influence of opioids. Both instances are impaired driving.

KNOWITALL's avatar

@MrGrimm Isnt it so many milligrams with opiods, like alcohol?

stanleybmanly's avatar

You answer your own question in the first sentence. If you have a prescription, the recreational aspect is nullified, same as the opiates.

JLeslie's avatar

You can drive if you are taking opioids, but not if you’re impaired. You also can legally drive in the US if your blood alcohol is less than .08, but if you are impaired at less than that number, then it’s still a problem. Drive erratically or recklessly, and you get a ticket.

MrGrimm888's avatar

@KNOWITALL . The only test for marijuana, that I ever saw, was a pupil dilation test. It’s very hard to gauge a person’s level of impairment, in regards to weed. We didn’t/don’t have legal use in SC, so I never was trained on what expectations were, pertaining to recreational/medical use.

I would think a sobriety test could be a way of deducing if a person is impaired. If they are determined to be impaired, they would be charged with a DWI. That goes for almost any possible type of impairment. Now… A charge, isn’t a conviction. The arresting officer, or prosecution would have to prove the level of impairment, and how they concluded which substance they believed that the person was on…

KNOWITALL's avatar

@MrGrimm Ok. I read somewhere that legal opiod impairment was determined thru blood. Like alcohol.

MrGrimm888's avatar

^Blood tests usually have to be court ordered, unless the person volunteers. The delay caused by requiring a court can mean that the test isn’t done until many hours after arrest. After that time, most people will have less of whatever substance in their blood. That makes it difficult for the state to prove that the person was impaired at the time of arrest. Simply testing positive for a substance doesn’t prove that the person was impaired while driving.

With marijuana, there is no dosage to weight formula for determining whether or not a person is impaired. Each person’s tolerance is different.
Unless a person is caught actively smoking it, while driving, it’s tough to claim that they were impaired while operating a vehicle. Even in those cases, most are simply charged with possession.

zenvelo's avatar

Generally, impairment is demonstrated though observation. A field sobriety test can prove/disprove impairment, but one cannot forced to take it.

With the current prevalence of body cams, a view tape of the person may be enough to persuade a jury that the driver is impaired.

MrGrimm888's avatar

^Correct. If a jury trial is requested, and the arresting officer did everything correctly.

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