With marijuana legalization gaining traction across the U.S., many drivers mistakenly assume that cannabis use comes without legal risks—especially when used recreationally or for medical purposes. However, driving under the influence of marijuana remains a serious criminal offense in Minnesota.
This blog will break down what constitutes marijuana impairment, how Minnesota law treats drugged driving, and the potential legal consequences of a DUI involving cannabis.
What Is Marijuana Impairment?
Marijuana impairment refers to the decline in cognitive and motor functions caused by THC, the psychoactive component of cannabis. Even though THC affects individuals differently, impaired judgment, slowed reaction time, and altered perception are common indicators.
In Minnesota, impairment—not a specific THC level—is the key standard. That means a driver can be charged with DUI if law enforcement believes their ability to drive is compromised by marijuana, regardless of how much THC is present. Whether the cannabis was consumed recreationally or medically is not a legal shield—impairment while operating a vehicle is illegal in both cases.
DUI Laws And Marijuana In Minnesota
Minnesota’s DWI (Driving While Impaired) statute applies to alcohol, controlled substances, and any substance that impairs driving ability. Under Minnesota Statutes § 169A, it is unlawful to drive if:
- You are under the influence of a controlled substance.
- Any amount of a Schedule I or II drug (excluding marijuana metabolites) is found in your system while driving.
- You are impaired by any substance, including marijuana, even if legally obtained.
The critical factor is impairment—not legality of use. Even though recreational marijuana might be legal in Minnesota, driving under its influence is not.
How Marijuana Impairment Is Detected
Unlike alcohol, marijuana impairment is much harder to measure. There is no universally accepted THC “limit” like the 0.08% BAC standard for alcohol. Here’s how authorities typically detect marijuana-related impairment:
- Field Sobriety Tests (FSTs): These evaluate balance, coordination, and reaction time but are less reliable for marijuana use.
- Drug Recognition Experts (DREs): Specially trained officers assess physical and behavioral signs of drug use.
- Chemical Testing: Blood or urine tests may reveal THC levels, but these tests often fail to correlate with current impairment.
This testing ambiguity makes it critical to understand your rights during a traffic stop and arrest.
Legal Consequences Of A Marijuana DUI In Minnesota
Getting charged with a marijuana DUI can have severe, lasting consequences. Penalties may include:
- First Offense: Up to 90 days in jail, a $1,000 fine, and a 90-day license suspension.
- Second Offense: Increased jail time, license suspension, and possible ignition interlock requirement.
- Third or Subsequent Offenses: Felony charges, mandatory jail time, long-term license revocation, and vehicle forfeiture.
In addition to legal penalties, a DUI can impact your insurance premiums, job prospects, and criminal record.
Challenges In Defending Against Marijuana DUI Charges
Marijuana DUI cases are complex. Since THC can linger in the body for days or even weeks after use, a person may test positive without being impaired. This creates legal room to challenge the prosecution’s case.
Common defense strategies include:
- Questioning the validity of testing methods.
- Challenging the arresting officer’s observations.
Exposing lack of probable cause for the traffic stop.
These nuances highlight the importance of legal representation in any marijuana DUI case.
Medical Marijuana Patients: Are They At Risk?
Yes. Even registered medical marijuana users can face DUI charges if they’re found to be impaired while driving. Minnesota law does not exempt medical marijuana patients from DUI consequences. However, a medical marijuana card can sometimes help explain THC presence and build a more nuanced defense. Patients should always carry documentation and be extra cautious when medicating before driving.
What To Do If You’re Pulled Over Or Arrested
If you’re pulled over and suspected of driving under the influence of marijuana:
- Stay calm and respectful.
- Know your rights: You are not required to answer questions about drug use.
- Do not volunteer information about cannabis consumption.
- Refuse field sobriety tests politely (you may still face license penalties, but evidence is reduced).
- Ask for an attorney immediately if arrested.
The way you handle the stop can significantly affect your case.
Why You Need An Experienced DUI Attorney
Facing a marijuana DUI charge without legal guidance is risky. An experienced DUI attorney understands:
- The scientific weaknesses in THC testing.
- How to challenge subjective observations by law enforcement.
- Legal loopholes that can reduce or dismiss charges.
At Leverson Budke, we specialize in DUI defense, including drug-related cases. Our attorneys know Minnesota law inside and out—and we fight to protect your rights, record, and freedom.
FAQs
1. Can I Be Charged With A DUI For Marijuana If I’m Not High?
Yes. If officers believe you’re impaired and THC is present in your system, you can still face DUI charges—even without feeling or appearing obviously high.
2. Is There A Legal THC Limit For Driving In Minnesota?
No. Unlike alcohol, Minnesota doesn’t set a specific THC limit. Impairment is judged by behavior, officer observations, and test results—not by a set nanogram-per-milliliter threshold.
3. What Happens If I Refuse THC Testing?
Refusing a chemical test may result in automatic license suspension and other administrative penalties. It can also complicate your defense, though it may limit the evidence prosecutors have against you.
Final Thoughts
As marijuana laws evolve, so do the risks and misunderstandings surrounding cannabis use and driving. In Minnesota, driving while impaired by marijuana can lead to serious legal trouble—even if the drug was used legally.
Understanding the laws, your rights, and your legal options is essential. If you or someone you know is facing a marijuana DUI charge, don’t wait—contact Leverson Budke, P.A. for a free and confidential consultation today.
