The legal landscape surrounding marijuana has shifted significantly in Florida. With medical marijuana readily available to qualified patients, a common and dangerous misconception has emerged: that driving after using legal cannabis is not a crime. This is a serious misunderstanding of the law. The legality of a substance for medicinal or recreational purposes has no bearing on whether you can be charged with driving under the influence (DUI) while impaired by it.

The answer to the question is an unequivocal yes. You can absolutely be arrested for and convicted of a DUI for driving while impaired by marijuana in Florida, regardless of whether you have a medical card. Florida law is focused on one thing—a driver's impairment and their ability to safely operate a vehicle. This article explains the specifics of Florida's drugged driving laws, how prosecutors build these cases, the severe penalties you could face, and what to do if you are involved in a car accident with an impaired driver in Florida.

The Legal Line: Understanding Marijuana Impairment and Drugged Driving in Florida

Florida's primary DUI statute, Section 316.193, makes it illegal to drive or be in actual physical control of a vehicle while under the influence of any alcoholic beverage, chemical substance, or controlled substance to the extent that your “normal faculties” are impaired.

What Are “Normal Faculties”?

This is a key legal term that doesn't just refer to a person's ability to keep a car between the lines. Normal faculties include the ability to see, hear, walk, talk, make judgments, and perform the many mental and physical acts of our daily lives. Essentially, if a substance has diminished your ability to function as a sober, cautious, and prudent person would, your normal faculties are considered impaired. Marijuana, with its known effects on perception, reaction time, and coordination, directly impacts these faculties.

The Medical Marijuana Card Is Not a Defense

It cannot be stressed enough—possessing a medical marijuana card does not provide you a free pass to drive while under the influence. The card is a legal defense for the possession and use of cannabis under specific medical guidelines. It is not, and never will be, a defense against a DUI charge. The legal principle is identical to that of prescription medications like opioids or sleep aids. While legally prescribed, you can still be charged with a DUI if you drive while impaired by them.

How Prosecutors Build a Florida Marijuana DUI Case

Unlike alcohol-related DUIs, which often rely on a straightforward breathalyzer test to establish a blood alcohol concentration (BAC) of 0.08% or higher, marijuana DUI cases are more complex. Florida does not have a "per se" legal limit for THC (the primary psychoactive compound in cannabis) in a driver's system. This means the prosecution cannot simply point to a number from a blood or urine test to secure a conviction.

Instead, the state must prove impairment through a collection of evidence. This often makes the case heavily dependent on the arresting officer's observations and testimony.

The Traffic Stop and Officer Observations

The process begins with a lawful traffic stop. An officer may pull you over for a moving violation like speeding, swerving, or failing to maintain a single lane. From that moment, they are gathering evidence. For a suspected marijuana DUI, the officer will be looking for specific signs, including:

• The distinct odor of burnt or fresh marijuana emanating from the vehicle or your person.
• Visible evidence such as smoke, a lit joint, a pipe, or other paraphernalia in plain view.
• Your physical appearance, such as bloodshot or watery eyes and dilated pupils.
• Your demeanor, including slowed speech, confusion, or difficulty answering basic questions.
• Poor coordination or fumbling when retrieving your license and registration.

Field Sobriety Exercises (FSEs)

If an officer suspects impairment, they will likely ask you to step out of the car to perform Standardized Field Sobriety Exercises. These are the same tests used in alcohol DUI stops and typically include:

• The Horizontal Gaze Nystagmus (HGN) Test: Following a stimulus (like a pen) with your eyes.
• The Walk-and-Turn Test: Taking nine heel-to-toe steps along a straight line, turning, and repeating.
• The One-Leg Stand Test: Standing on one foot for approximately 30 seconds.

While these tests were designed to detect alcohol impairment, law enforcement uses them to observe your balance, coordination, and ability to follow instructions—all of which can be affected by marijuana use. An experienced DUI defense attorney can often challenge the validity and administration of these subjective tests.

The Drug Recognition Expert (DRE)

If the arresting officer believes you are impaired by something other than alcohol, they may call in a drug recognition expert. A DRE is a law enforcement officer with specialized training to identify impairment caused by specific categories of drugs. The DRE will conduct a detailed 12-step evaluation that includes:

• Checking vital signs (pulse, blood pressure, and temperature).
• Performing more extensive eye examinations.
• Conducting muscle tone checks.
• Looking for injection sites.
• A more in-depth interview about your recent activities and potential substance use.

Based on this evaluation, the DRE will form an opinion on whether you are impaired and which category of drug is the likely cause. The DRE's testimony can be powerful evidence for the prosecution.

Chemical Testing: Blood and Urine

Under Florida's implied consent law, by operating a vehicle, you have automatically agreed to submit to a chemical test if lawfully arrested for a DUI. For a suspected marijuana DUI, this will typically be a urine or blood test.

It's important to understand what these tests can and cannot do. A blood or urine test can confirm the presence of THC metabolites. However, these metabolites can remain in a person's system for days or even weeks after use, long after the impairing effects have worn off. This is a central point of contention in many marijuana DUI cases. The presence of THC does not automatically prove you were impaired at the time of driving.

Refusing to submit to a lawful request for a chemical test will result in an automatic driver's license suspension—one year for a first refusal and 18 months for a second.

Penalties for a Drugged Driving Conviction Involving Marijuana in Florida

The penalties for a marijuana DUI in Florida are identical to those for an alcohol-related DUI. They are severe and designed to be a strong deterrent.

First DUI Conviction

• Fines: $500 to $1,000.
• Jail Time: Up to 6 months.
• Probation: Up to 1 year.
• License Revocation: A minimum of 180 days.
• Community Service: A mandatory 50 hours.
• Vehicle Impoundment: 10 days.
• DUI School: Mandatory completion of a substance abuse course.

Second DUI Conviction

• Fines: $1,000 to $2,000.
• Jail Time: Up to 9 months. If the second offense is within 5 years of the first, there is a mandatory minimum of 10 days in jail.
• License Revocation: A minimum of 5 years if within 5 years of a prior conviction.
• Ignition Interlock Device: Mandatory for at least 2 years.

Penalties increase substantially for third and subsequent offenses, which can be charged as felonies. The consequences are also enhanced if there was a minor in the vehicle or if the DUI resulted in property damage or injury to another person.

The Link Between Marijuana DUIs and a Serious Car Accident in Florida

Drugged driving is a direct threat to public safety. Studies have shown that marijuana use can significantly impair the cognitive and motor skills needed for safe driving. These impairments include:

• Slowed reaction time.
• Impaired judgment of time and distance.
• Decreased coordination.
• Difficulty with concentration and problem-solving.

This impairment drastically increases the likelihood of a collision. When a drugged driver causes a car accident, the consequences can be catastrophic, leading to severe injuries or fatalities.

Why You Need an Experienced Car Accident Attorney for a Drugged Driving Case

If you have been injured in a car accident caused by a driver you believe was impaired by marijuana, it is essential to seek legal counsel immediately. A skilled car accident attorney can be your strongest advocate in navigating the complexities of your personal injury claim.

While the state prosecutes the criminal DUI case, your civil claim is a separate matter. However, a DUI conviction against the at-fault driver can serve as powerful evidence of their negligence in your civil lawsuit. A car accident lawyer will work to secure full and fair compensation for your damages, which can include:

• Current and future medical expenses.
• Lost wages and diminished earning capacity.
• Pain and suffering.
• Property damage to your vehicle.

An experienced Florida attorney understands how to use the evidence from the criminal case—police reports, DRE evaluations, and chemical test results—to build a compelling argument for your civil claim and hold the negligent driver accountable.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you are recovering from injuries caused by an impaired driver, you know the physical pain is often matched by the frustrating financial and emotional burden of an accident that was not your fault. You do not have to navigate the complex insurance claims and legal system on your own while trying to heal. At Brandon J. Broderick, Attorney at Law, our dedicated team has extensive experience representing Florida car accident victims, and we are committed to holding negligent drivers accountable for their actions. We will investigate every aspect of your case, from proving the other driver's impairment to fighting for the full compensation you deserve for your medical bills, lost wages, and suffering. Take the first step toward getting your life back.

Contact us today for a free, confidential consultation to discuss your case and learn how we can help.