What You Need to Know About Driving and Cannabis

Driving with cannabis is a complicated issue. It’s still illegal in many states, and there are a lot of questions about what you can do if you get pulled over. In this article, we’ll explore the legality of cannabis and driving and what to do if you get stopped. Remember that these answers will vary from state to state, so you must consult your local laws before you head out on the road. Regardless of where you are, however, there are some general tips everyone should remember when it comes to cannabis and driving!

What Happens if You Get Caught with Weed in Your Car?

The National Highway Traffic Safety Administration and other government agencies have been studying cannabis and driving for some time now due to concerns about cannabis-induced levels of impairment. If you are found with cannabis in your vehicle, the consequences may depend on various factors.

First and foremost, it depends on where you live — cannabis is still illegal in many states. If cannabis is illegal in your state, you may face criminal charges if caught with cannabis in your vehicle. However, in states where cannabis is legal, a cannabis-related charge could still be listed as an offense depending on the amount and/or type of cannabis found in your car.

In addition to the potential for criminal charges, cannabis-impaired driving is a serious safety risk. It has been scientifically proven that cannabis can impair the user’s motor skills, causing slower reaction times and decreased ability to focus — both of which can be dangerous when behind the wheel of a car.

As it stands now, the following states have recreational and medical marijuana:

• Arizona
• California
• Colorado
• Connecticut
• District of Columbia
• Illinois
• Maine
• Massachusetts
• Michigan
• Montana
• Nevada
• New Jersey
• New Mexico
• New York
• Oregon
• Rhode Island
• Vermont
• Virginia
• Washington

The following states have legalized medical marijuana only: 

• Alabama,
• Arkansas
• Delaware
• Florida
• Hawaii
• Louisiana
• Maryland
• Minnesota
• Mississippi
• Missouri
• New Hampshire
• North Dakota
• Ohio
• Oklahoma
• Pennsylvania
• South Dakota
• Utah
• West Virginia

The following states have legalized CBD oil only: 

• Georgia
• Indiana
• Iowa
• Kentucky
• Tennessee
• Texas
• Wisconsin.

 While these laws may legalize cannabis in some capacity, they do not exempt cannabis users from the laws against driving while impaired. As a result, drivers caught operating a motor vehicle under the influence of cannabis could still face criminal charges.

So what do you do if you are pulled over with cannabis in your car? 

Whether you’re an experienced road warrior or just beginning your travels, there is always a chance of being pulled over by police. When this happens, the law obliges you to exit your car and stay put until given permission to leave. The officer cannot search inside without obtaining a valid warrant; instead, they must ask for your consent before conducting any further investigation.

Nevertheless, an officer is permitted to search your vehicle without consent or a warrant if they have probable cause, such as:

• If a powerful smell of marijuana or any other illegal drugs is coming from you or your car, it could cause suspicion.
• All it takes is a single glance to justify the need for a search. Take, for example, if you spot an open joint.
• A drug-sniffing dog is able to alert officers when it detects illegal drugs nearby.
• Any incriminating evidence found in plain sight, such as drug paraphernalia.

With probable cause, law enforcement personnel can search your car and take any cannabis-related items. What happens next depends on a few elements, such as:

• State laws: cannabis laws vary from state to state, and law enforcement will follow their own state’s cannabis laws.
• Amount of cannabis: the amount of cannabis found in your vehicle can affect how the situation is handled. Typically, smaller amounts are treated with more leniency than larger amounts.
• Previous offenses: if you have cannabis-related offenses on your record, the officer may be more likely to take action.

Regardless of the circumstances, if you’re asked to pull over, and you’ve been using cannabis or have cannabis in your car, it’s important to be cooperative and let someone know where you are and who you’re with.

However, we’d like to take it one step further and take a look at the laws of the four states where our Body and Mind dispensaries operate: 

California 

Medical and recreational use of cannabis is legal in California. The Adult Use of Marijuana Act of 2016 legalized the use, sale, and cultivation of recreational marijuana. The law also brought into effect that any adult 21 years or older could possess, transport, process, purchase, obtain or give away (without compensation) no more than one ounce of dry cannabis or eight grams of concentrates. 

Driving under the influence of cannabis is illegal in California. Additionally, if you are found to have loose cannabis flowers or opened cannabis products while driving, you may be subjected to a $100 fine. If you are found to be high, you will be charged with a DUI(Driving Under the Influence), which can have levels of punishment ranging from license suspension to possible jail time.

Ohio

Everyone is shocked to learn there are four distinct violations of Ohio’s OVI (Operating a Vehicle Impaired) statute that pertains to cannabis. By the framework set forth by ORC 4511.19, these four categories can be identified:

• Operating a vehicle under the influence of marijuana.
• Operating a vehicle with a prohibited concentration of marijuana.
• Operating a vehicle with a prohibited concentration of marijuana metabolite.
• Operating a vehicle with a prohibited concentration of marijuana metabolite AND while under the influence.

The prosecution has multiple options to prove one’s guilt with a single traffic ticket, as they can charge the driver with more than one offense. Despite this, if found guilty of various transgressions stemming from the same incident, it is only possible for them to be punished once.

Ohio has taken the progressive step of decriminalizing the possession of small amounts of marijuana. If you possess 100 grams or less (3.5 ounces), it will be considered a minor misdemeanor with a $150 fine imposed; however, anything over that amount constitutes criminal possession and could result in being charged with either a misdemeanor or felony, depending on the quantity confiscated from your person.

Arkansas

In Arkansas, the recreational use of cannabis is prohibited. However, medical marijuana was legalized in 2016, and those with a legal prescription are allowed to possess it. However, Arkansas is the “Smoke a joint, lose your license state,” so be sure to not drive under cannabis influence, even if it is medically prescribed.

Arkansas law states that patients driving with marijuana must carry a valid patient card, an Arkansas state ID, and not more than 2.5 ounces in their car. To be safe, it is recommended to keep cannabis products in their original packaging as well. If found driving with more than the amounts mentioned above, any of the following may happen:

• Less than 4 oz (first offense) — Misdemeanor, 1 year or less and $ 2,500 fine.
• 1 – less than 4 oz (subsequent offense) — Felony, 6 years or less and a $ 10,000 fine.
• 4 oz – less than 10 lbs — Felony, 6 years or less and a $ 10,000 fine.
• 10 – less than 25 lbs — Felony, 3 to 10 years and a $ 10,000 fine.
• 25 – less than 100 lbs — Felony, 5 to 20 years and a $ 15,000 fine.
• 100 – less than 500 lbs — Felony, 6 to 30 years.

While these aren’t the only penalties you can face, it’s important to know what’s at risk.

Michigan

Although marijuana is now legal in Michigan, that doesn’t give you free rein to use it while driving. Driving and consuming marijuana remains strictly forbidden by state law, as does operating a car under its influence; violating these regulations can result in severe criminal drugged-driving charges. However, you can have up to two-and-a-half ounces in your car, with a maximum of 15 grams being edibles or concentrates.

Drivers caught under the influence face hefty consequences, ranging from a suspended license and fines as high as $500 to serving up to 93 days in jail for first-time offenders.

How to Travel With Cannabis in the Car

Cannabis intoxication and driving impairment are real! So let’s not test the waters and take the necessary precautions to stay safe and avoid cannabis-impaired driving. This isn’t to say we doubt your driving skills, but we value your health and safety way more!

Here are some tips to help you travel safely with cannabis in the car:

1. Always know the laws of each specific state you’re in. We know you love a good road trip to escape your 9 to 5 or explore an unknown destination, but when you travel across state lines (even to another legal state), you risk violating the law.
2. Know the amount and type of cannabis you can legally transport or possess in each state. You don’t want to load up your car and end up with criminal charges!
3. Store cannabis products in their original packaging. This makes it easier to identify the cannabis product and prove its weight if needed.
4. Keep your cannabis products out of sight or in a locked or sealed container that is not accessible from the driver’s seat. You don’t want to give officers a whiff or look inside your car, do you?
5. Lock it up in the trunk! Most state laws require that cannabis be stored in the vehicle far from its passengers. This also helps you avoid confusion with police officers during a traffic stop.
6. If your car does not have a trunk, you can store the cannabis under or behind the last seat in your car. Most law enforcement officers do not accept the glove compartment as a far enough place to keep cannabis products, as both the driver and front seat passenger can access it easily. 
7. Never smoke cannabis while driving, even if you are in a legal cannabis state. This is the easiest way to be charged with cannabis-impaired driving and running into serious penalties.

While these travel tips aren’t exhaustive, they are some of the most critical considerations to consider and apply.

FAQS

Could I lose my driver’s license?

Yes, if you are caught driving under cannabis influence or with cannabis in your car without proper permits and/or packaging, you could lose your driver’s license.

Can cannabis impairment be measured in the same way as alcohol intoxication?

No, cannabis cannot be accurately measured in the same way as alcohol. There is no breathalyzer test for this. Instead, in most states, cannabis-impaired driving is determined by a blood test that measures the active levels of cannabis in the driver’s bloodstream.

What are some signs to determine impairment?

If you think someone may be impaired due to their driving performance or demeanor, here are a few signs: slow reaction time, red eyes, lack of coordination, or difficulty concentrating.

What should I do if I’m pulled over while driving with cannabis?

If you are pulled over and have cannabis in your car (without proper permits or packaging), the best thing to do is remain calm and polite. Cooperate with officers when asked for identification and other documents. Don’t make any sudden movements, and if you’re asked to step out of the car, comply.

Can I be penalized if my weed is kept in an open container?

Yes! The law in most states in the United States declares that only a permissible amount of cannabis can be carried in a vehicle, and that, too, must be kept in a sealed and air-tight container. If the container is found to be open or its seal is broken, you will likely be fined or detained as per local laws. 

Is it illegal to drive after consuming cannabis? 

Different states have different laws about marijuana impairment and driving. Some impose a zero-tolerance policy toward drug-impaired driving, while others impose per se limits on THC concentrations. Per se, rules set limits on how much THC concentration is allowed in the bloodstream while driving. For example, in Colorado, it is illegal to drive if the blood THC concentration is above 5 ng/ml. 

Above all else, driving under the influence of any drug, whether you feel “confident” or not in your driving ability, it is always illegal, and you will face severe penalties if caught. Therefore, it’s best to be on the safe side and never combine cannabis use with driving, no matter what state you are in.

Stay Safe When Driving with Cannabis

At Body and Mind, we take cannabis very seriously. That doesn’t just mean selling cannabis products. We are fully committed to safety, responsibility, and compliance when it comes to cannabis and driving. In this effort, we strive towards developing a community around cannabis that is ethical, knowledgeable, and reasonable. 

When you walk into any of our BaM stores, you will be greeted by one of our many cannabis consultants who love to help customers gain a better understanding of cannabis, its multifaceted effects, and how you can use it to meet your specific needs without doing any harm to yourself and your surroundings. For further reading, you can follow our Education Page or drop in at one of their dispensary locations to talk with a budtender.

We look forward to learning more with you and helping your cannabis journey. Stay safe and drive responsibly!