Tulsa Attorney BlogMedical Marijuana: Can You Get a DUI From Taking Medicine?

Do Not Drive Impaired

 Video Transcribed: Marijuana is medicine, right? You can’t get a DUI for taking medicine. My name is Brian L. Jackson. I am an attorney in Tulsa, Oklahoma. And today we’re going to talk about marijuana and DUI drugs. And I wanted to say, although this discussion is focused mostly on marijuana and marijuana cards in Oklahoma, the same logic applies to other prescription medications.

attorney in TulsaSo those of you who have other prescriptions should pay attention too. Now, I’ve heard a number of people who will argue up and down that they can’t get busted for DUI for marijuana and driving if they have their card.

Well, I’m here to tell you right now, that is incorrect. That is a popular myth. It is not correct. Although you may indeed have the card, which would make marijuana a prescription medication under state law, you can still get picked up for DUI.

And not only can you get picked up for DUI, but the way the law operates right now if you have any detectable amount of marijuana in your blood, or in your hair, or in your urine, you are DUI. So in other words, if you do have one of these cards, you need to be very careful about using any THC marijuana, cannabis product, and operating a motor vehicle.

Because if you pop hot, if you get pulled over and you pop hot, you’re going to get a criminal misdemeanor charge for doing so. And the fact that you have your card is not a defense and this is, by the way, the same rule for any other prescription or non-prescription medication.

If it impairs your ability to operate a motor vehicle and you drive anyway, your DUI. Doesn’t matter if you’ve got the script for it, doesn’t matter if your doctor swears up and down, you need it.

You are still DUI if you’re impaired. And the difference between DUI drug and DUI alcohol, by the way, guys, for a DUI alcohol, you have to test positive for a 0.08 or higher to get nailed for DUI. DUI drug, the rule is any detectable amount. So it’s a much stricter rule.

So be very careful and don’t think you can get high and drive just because you’ve got your card because you can and will be busted if you’re not careful. So use good judgment guys. Just because you’ve got the card, doesn’t give you a free license to act like an idiot. If you have questions about that, you should go to makelaweasy.com and we’ll help you out.

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