Cannabis DUI Laws
State-by-State Driving Laws
Never Drive Impaired
Driving under the influence of cannabis is illegal in all 50 states and dangerous. Cannabis impairs reaction time, judgment, and coordination. Plan ahead and use rideshare, taxis, or designated drivers.
Types of Cannabis DUI Laws
Zero Tolerance
Any detectable amount of THC in your system is illegal. Used in states like Arizona and Georgia.
Issue: THC can be detected for weeks after use
Per Se Limits
Specific THC blood concentration limits (usually 2-5 ng/mL). Above this level is automatic DUI.
States: CO, WA, MT, NV, OH, PA, IL
Impairment Based
Prosecution must prove actual impairment regardless of THC levels. Requires evidence of impaired driving.
States: CA, NY, and most others
DUI Laws by State
| State | THC Limit | Law Type | First Offense Penalty |
|---|---|---|---|
| Colorado | 5 ng/mL THC | Per Se | Up to 1 year jail, $1000 fine |
| Washington | 5 ng/mL THC | Per Se | Up to 1 year jail, $5000 fine |
| Montana | 5 ng/mL THC | Per Se | Up to 6 months jail, $1000 fine |
| Nevada | 2 ng/mL THC | Per Se | Up to 6 months jail, $1000 fine |
| Ohio | 2 ng/mL THC | Per Se | Up to 6 months jail, $1075 fine |
| Pennsylvania | 1 ng/mL THC | Per Se | Up to 6 months jail, $5000 fine |
| Illinois | 5 ng/mL THC | Per Se | Up to 1 year jail, $2500 fine |
| California | No specific limit | Impairment | Up to 6 months jail, $1000 fine |
| New York | No specific limit | Impairment | Up to 1 year jail, $1000 fine |
| Arizona | Any detectable | Zero Tolerance | Up to 6 months jail, $2500 fine |
How Cannabis DUI Is Tested
Field Sobriety Tests
- →Horizontal Gaze Nystagmus: Eye movement tracking
- →Walk and Turn: Balance and coordination
- →One Leg Stand: Balance test
- →Modified Romberg: Internal clock/balance
Chemical Tests
- →Blood Test: Most accurate, measures active THC
- →Saliva Test: Newer, detects recent use
- →Urine Test: Less useful (detects past use)
- →DRE Evaluation: Drug Recognition Expert assessment
Your Rights During a Traffic Stop
You Have the Right To:
- ✓Remain silent (beyond identifying yourself)
- ✓Decline field sobriety tests in most states
- ✓Request an attorney
- ✓Know why you were stopped
Be Aware:
- ⚠️Implied consent laws may penalize test refusal
- ⚠️Refusing blood test may result in license suspension
- ⚠️Anything you say can be used against you
- ⚠️Officers may call DRE for drug evaluation
Consequences of Cannabis DUI
Immediate
- • Arrest and booking
- • Vehicle impoundment
- • Bail requirement
- • Temporary license suspension
Criminal Penalties
- • Fines ($1,000-$10,000+)
- • Jail time (days to years)
- • Probation
- • Community service
- • Drug education programs
Long-Term
- • Criminal record
- • License suspension (months-years)
- • Insurance rate increases
- • Employment difficulties
- • Travel restrictions
Safe Transportation Alternatives
Rideshare
Uber, Lyft
Public Transit
Bus, train, metro
Designated Driver
Plan ahead
Stay Put
Consume at home
Know Your State's DUI Laws
Get detailed information about cannabis laws including DUI provisions in your state.
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