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The Challenges of Marijuana DUI Charges

In November, 2014, Florida voters failed to pass Amendment 2, which would have legalized medical marijuana statewide. Still, the prevalence of marijuana use in our communities is hard to deny and has added a unique set of challenges to law enforcement, prosecutors, and defense attorneys alike when it comes to DUI charges. Marijuana DUIs have become a more and more common DUI offense, but is still a relatively new crime and the subject of several critical misunderstandings.

Generally speaking, in Florida and all over the country, marijuana DUIs are easy to charge but difficult to convict. There are several reasons for this, most of which revolve around the testing of cannabinoids, or the chemical traces of marijuana that can be found in a suspected motorist's metabolism.

Complications in marijuana DUI charges include:

  • The fact that cannabinoids can only be detected by urine or blood samples
  • The fact that cannabinoids can linger in driver's system
  • The fact that that only cannabinoid tested for 9-carboxy-THC

The third point here is the most crucial: 9-carboxy-THC is not an active compound from marijuana that makes users high—it is a metabolized remainder of other marijuana compounds. That means that not only do these cannabinoids make a urine or blood samples test "positive" for a DUI days or even weeks after marijuana was used, they also are not even the part of the drug that impairs driving.

Knowledgeable Representation is the Best Defense

It will take time for law enforcement procedure and technology to create a more accurate tests and policies for detecting drug DUI offenses, but when an arrest does happen, effective legal counsel can still provide a strong defense against these charges. Not all defense attorneys understand the new science behind these DUI offenses are not up to the task of speaking to invalidity of a marijuana DUI charge in court.

As some of Florida's most premiere DUI lawyers, our team at Beckham Solis, Attorneys at Law are continually engaged with this rapidly changing branch of criminal defense. We know the laws, the science, and present shortcomings involved with charging and trying marijuana DUIs and are ready to bring that unmatched knowledge and understanding to your case.

If you or a loved one have been charged with a marijuana DUI, then we invite you to call us at Beckham Solis, Attorneys at Law today. A dedicated Miami DUI defense attorney is ready to offer you a free consultation.