Is It Legal To Smoke Weed And Drive In The USA?

For ages, drivers in the United States have been urged not to smoke weed or indulge in drug use while behind the wheel. Even now that marijuana has been legalized for recreational use, driving and smoking are still prohibited and highly discouraged.

The same way it’s illegal to smoke while driving, drivers addicted to drugs or any form of illicit substance are also prohibited from operating vehicles. Anyone caught driving recklessly while under the influence of any Cannabis product is liable to face severe fines

Smoking And Driving Facts According To The National Institute On Drug Abuse

A study carried out by the National Institute on Drug Abuse explains why smoking weed while operating a vehicle is a terrible idea. Smoking weed contributes to erratic behavior like swerving and unknowingly drifting out of the right lane, which is why it’s so risky. The danger it poses depends on the strain’s potency and if combined with alcohol.

The National Institute On Drug Abuse has also reported that weed and other Cannabis products can influence skills necessary for safe driving. Some of such skills include spatial awareness, coordination, and reaction time, all of which are critical, especially when driving on highways.

The following is additional data regarding the use of recreational Marijuana while driving, as cited by the National Institute On Drug Abuse.

• Over a million respondents in a 2014 survey admitted smoking weed or using various illicit substances while driving.
• It was discovered that weed, marijuana, and several kinds of prescription drugs were often present in a large percentage of fatal crashes.
• The dangers posed by smoking weed and driving are significantly determined by the potency of the stain.
• Fatalities and Injuries caused by drugged driving are preventable.

Smoking And Driving DUI Laws By State

In some instances, using any Cannabis product while driving is treated similarly to drunk driving. In some states with Marijuana legalization, drivers are allowed to drive with Cannabis products but are not allowed to ingest them under any circumstance. Getting pulled over by traffic officials while high can and will attract consequences.

Not only does weed impair a driver’s ability to concentrate on the road, but it also slows down reaction time and coordination. Currently, each state in America considers and handles high driving cases the same way as DUI cases.

Alaska

Driving laws in Alaska do not prohibit traveling with recreational marijuana or smoking materials, but only if they are sealed properly within the vehicle’s cabin, and the driver in question is legally permitted to have such items. If law enforcement officials pull a vehicle over, they have the authority to conduct physical impairment tests on drivers in possession of cannabis or smoking materials.

While there aren’t any laws stating how cannabis is to be transported within the state of Alaska, it’s expected to be adequately sealed in a container and completely inaccessible to the driver, preferably in the vehicle’s trunk.

California

California driving laws dictate that all kinds of cannabis products, be it concentrates, edibles, or flowers, must be sealed in unopened containers and kept away from the driver, preferably in the truck.

Needless to say, you can’t legally smoke while driving in this state, even if it’s medical cannabis. Failure to comply with the law can lead to a $100 fine.

Subsequent marijuana-related offenses are treated similarly to drivers with prior alcohol-related offenses. The repercussion could either be license suspension or revocation.

Colorado

Colorado is among the very few states in the US with THC-level restrictions. The set limit for drivers is 5 nanograms of Tetrahydrocannabinol per milliliter of blood. Colorado is also very strict on how THC can be conveyed by drivers.

Passengers and drivers are prohibited by law from smoking or trying to access any marijuana or any cannabis product while in a vehicle. Getting caught by law enforcement authorities with a partially consumed cannabis product or with an unsealed psychoactive drug can lead to severe consequences.

Illinois

Illinois is one of the most recent states in America to legalize medical marijuana. According to the driving laws of this state, drivers aren’t allowed to smoke or ingest cannabis in any form while operating a motor vehicle.

Also, all such products must be sealed in containers and stored away from the driver’s reach before getting on the road. in Illinois, chronic users of marijuana can face similar consequences as drunk drivers when convicted of driving under the influence of marijuana.

Maine

In Maine, it’s not against state laws to drive with 2.5 ounces of cannabis so long as it is kept within the vehicle’s cabin. Getting caught driving with quantities above this limit or if the police detect marijuana in your system can lead to some serious charges. In this case, you’ll need an experienced traffic attorney on your side and an excellent attorney-client relationship.

You’ll also need to establish a confidential relationship after the obligation consultation. You might also need to provide your attorney with sensitive or confidential information concerning the incident in preparation for the upcoming court dates.

Massachusetts

Like drivers with more blood alcohol content measured than the required limit after a blood test, it’s considered illegal to have a certain amount of THC while operating vehicles in Massachusetts.

This law applies to all drivers within the state, whether you’re a chronic user or an occasional user. Also, according to the marijuana legislation of this state, cannabis products must be locked away within glove compartments or in the trunk of a vehicle.

Anyone found violating the zero tolerance laws on drugged driving in this state will be charged accordingly and might have to free consult a law firm to stand a fighting chance. Some might offer you a free no-obligation consultation.

Michigan

It’s OK to drive with a maximum of 2.5 ounces of marijuana, as long as neither the driver nor passengers are found consuming it. While Michigan is one of the states that approve recreational use of marijuana, it’s still currently ironing out the kinks on the best ways to transport it. Either way, the safest way to convey weed or any cannabis product is by ensuring that they are stored safely in sealed containers and away from reach.

Nevada

Drivers are allowed to convey up to an ounce of marijuana in their vehicles. They are also permitted to transport an eighth of an ounce of medical marijuana or concentrate, provided that they are necessarily secure in containers.

According to DUI laws in the state, law enforcement officers are allowed to make DUI arrests if they came across stoned drivers under the influence of Marijuana who have tested positive. If there’s no trace of the drug in the driver’s system, he or she can still be arrested if an open marijuana or weed container is found lying around.

Is Recreational Marijuana Use In A Parked Vehicle Against The Law?

Since it’s clearly against the law to smoke while operating a moving vehicle, it’s only logical to wonder if the same rule applies to parked vehicles. It might surprise you to know that that’s also illegal. Parking lots are not exempt, which means there can be legal consequences if you are apprehended as parking lots are deemed public spaces.

Although using weed for recreational purposes is now legal in some states in America, this doesn’t change the fact that weed is still a drug. As such, on-road policies are aimed at deterring drivers from smoking or using any faculty inhibiting substance whenever they are behind the wheel.

Is It Ok For Passengers To Smoke In Moving Vehicles?

While it might seem there’s nothing wrong with recreational marijuana use as long as you’re not the one driving, it’s actually against the law to do so as the driver can get a contact high from the substance ingested. Weed impairment DUIs affect judgment which can lead to impaired driving.

Building A Defense Case With Your DUI Defense Attorney When Arrested For Drugged Driving

It’s not at all easy to construct a solid defense against DUID without the assistance of an experienced DUI lawyer. Since not all states have legal limits for handling cases of high driving, it can be challenging to build your case in a way that proves you weren’t impaired or above the legal limit.

On the other hand, enlisting the assistance of an experienced DUI defense attorney can prove effective as they can focus on the overall aspect of your case and work towards getting your charges dismissed or at the very least reducing your pending DUI charges.

Final Words

Getting convicted for driving while high can have any of the following outcomes - fines summing up to thousands of dollars, six months in a correctional facility, and a basic misdemeanor charge.