Driving Under the Influence of Marijuana – OUI Marijuana

Recreational marijuana use is now legal in Massachusetts, just like medical marijuana use was legalized before. With these changes, there has been and will be an increase in arrests and charges for driving or operating under the influence of marijuana or cannabis.

Even though marijuana has been legalized, it is still illegal to drive under the influence of marijuana (or any other drug) if it impairs your ability to drive safely. Anyone who drives while impaired by marijuana can be convicted of an OUI. It doesn’t matter that the driver may have smoked or ingested the marijuana legally.

Penalties for OUI Marijuana or OUI Drugs

The penalties if convicted are the same as for OUI Alcohol. There is no breath test to be administered yet, so there are no penalties for refusal.

First Offender option exists:

• A Continuance without a finding (CWOF) with no finding of guilt on your record.
• Probation for one (1) year.
• Complete the 24D program, 16 weeks of class once per week.
• Loss of driver’s license privilege for between 45-90 days. If under 21, the loss is for up to 210 days.
• Hardship license is available within 3 business days to most individuals.
  What happens if you are arrested for OUI marijuana?

What happens if you are arrested for OUI marijuana?

If you are stopped by a police officer and the officer smells marijuana, there is a good chance that you may be arrested and charged with operating or driving under the influence of marijuana or OUI drugs. This may happen whether or not you were driving ok and whether or not you were you are actually impaired by marijuana. The police will usually ask when you used marijuana and how much you used. They will also try to find out whether there is marijuana or other drugs in the car.

You will be asked to get out of the car to perform field sobriety tests to make sure you are “ok to drive.” These will normally include testing your eyes (called the HGN test), having you “walk the line” and having you stand on one leg. Regardless of how you think you did on these tests, once things have progressed this far, you will probably be arrested and placed in handcuffs, while the police search your car. Following your arrest, you will not be asked to take a breath test, because there is no breath test for marijuana.

Although currently rarely done, it is possible that you will be asked to consent to an examination by a Drug Recognition Expert or DRE. These are police officers who receive some special training claiming to give them the ability to identify the kind of drug that might be impairing someone. You do not have to agree to a DRE exam. If you do agree, there is a 12-step procedure that is used which includes a breath and urine test. Fortunately, most courts in Massachusetts do not allow DRE testimony since no reasonable scientific basis for such testimony has been shown.

What are my chances of beating an OUI marijuana charge?

OUI/DUI marijuana cases are winnable. Getting the charge to stand up in court can be very difficult for the prosecution. A major reason why? There is no legal standard for marijuana, cannabis or THC impairment. Unlike alcohol, where someone can be found “over the limit” based on a breath or blood test, there is no similar impairment “limit” for THC, the active ingredient in marijuana. The effects of marijuana consumption vary greatly amongst individuals. In addition, THC remains in the system for many days after consumption, long after the “high” or impairing effects have worn off. Any chemical test showing THC in the system would not prove that the person was impaired by THC or marijuana at the time they were driving.

The evidence at trial against you will primarily be the testimony of the police officer. However, the courts have placed limitations on that testimony. A police officer may testify to his or her observations of, for example, any erratic driving or moving violation that led to the stop and also any observations of the driver’s appearance or actions, such as blood shot eyes, drowsiness, and lack of coordination. However, the officer is not permitted to offer an opinion that these characteristics mean that the driver is under the influence of marijuana. While the courts will permit the police officer to testify about your performance on the so-called field sobriety tests, but the officers must call them “road side assessments.” The Officer cannot suggest that a person was under the influence of marijuana due to their performance on these “road side assessments” or whether they passed or failed them. How a person performed on these assessments, standing alone, is never enough to convict them of OUI marijuana. Finally, a police officer may not (unless qualified by the court as an expert) testify about the effects of marijuana consumption or offer an opinion whether a person was intoxicated or impaired by marijuana.

However, despite the difficulties in proving OUI marijuana cases, the government promises to get more aggressive in catching, arresting and prosecuting those suspected of driving under the influence of marijuana.