Driving Under the Influence of Marijuana

Driving while under the influence of marijuana is illegal in Massachusetts as it is in all 50 states.  In Massachusetts, it is illegal for both recreational users and people who have been prescribed medical marijuana to drive while under the influence.  However, marijuana OUI charges are not easy to prosecute because of the lack of a standardized testing to detect marijuana in the system.  Whereas Massachusetts has a very clear line (0.8% BAC) for an alcohol-related OUI, when it comes to marijuana law enforcement lacks both a defined limit as well as a reliable means to test for it.

How Do Police Enforce the Marijuana OUI Laws?

Despite the lack of testing, police in Massachusetts are still aggressively pursuing OUIs where marijuana is involved.  To do this, they rely on their own observations, field sobriety testing and experience. In traditional, alcohol OUI charges, the BAC testing is the star of the evidence show, and it may be the only thing the prosecution needs.  With marijuana, the circumstances around how and when you were arrested and what made the officer decide to arrest you are much more open to interpretation.  Did the officer see you actually smoking marijuana and driving at the same time?  That’s going to be a tough case to beat.  But if the police pulled you over and then simply suspected that you were under the influence of marijuana, that can be a case where the driver has a fighting chance.   

Marijuana in the Car

While it is legal to transport marijuana in an auto, it is supposed to be in a sealed container or secured in the vehicles truck or locked glove compartment.  It’s fairly similar to the open container laws related to alcohol.  It is never legal (even for passengers) to use marijuana in a car; it is illegal to use marijuana in public.

Vaporizer Pens and Driving

Since the legalization of recreational marijuana in Massachusetts there has been quite an expansion in marijuana related products that are on the market.  In addition to actual marijuana, you can also purchase edibles and oil cartridges that are used in vaporizer pens.  These vaporizer pens look very similar to the standard vaporizers that are used for nicotine or to replace smoking cigarettes.  Do not make the mistake of using a marijuana vaporizer in your car while driving.  On-sight chemical testing is becoming more and more common and law enforcement can also confiscate the pen and test offsite. 

Just as in the case of any marijuana product, if they police actually see you using it while you are driving, they will have a very strong case against you.

Arrested for OUI involving Marijuana?  Contact Me Today for a Free Consultation

If you have been arrested for an OUI involving marijuana, you can take advantage of a free initial consultation with an experienced defense lawyer.  I can answer your questions over the phone or in my office.  Every case is unique, but during a free consultation I can help you understand how Massachusetts law applies to your specific case, and your options and the costs for moving forward with your defense.