Board-Certified Criminal Trial Lawyer
Yes, you can get a DUI for marijuana in Florida. Under Florida Statute §316.193, it is illegal to drive or be in actual physical control of a vehicle while impaired by any controlled substance, and that includes marijuana. Medical marijuana cardholders are not exempt. The penalties for a marijuana DUI conviction mirror those for an alcohol-related DUI, including fines, jail time, and license suspension. If you are facing a marijuana DUI charge in Panama City, a Panama City DUI attorney can help you understand the charges and build a strong defense.
What Does Florida Law Say About Driving Under the Influence of Marijuana?
Under Florida law, it is illegal to operate a vehicle while impaired by alcohol, controlled substances (including marijuana), or chemical substances that affect your ability to drive safely.
The law focuses on whether your “normal faculties” are impaired, a legal term that includes the ability to see, hear, walk, talk, make judgments, judge distances, act in emergencies, drive an automobile, and perform everyday mental and physical tasks. If a substance has diminished your ability to function as a sober, cautious, and prudent person would, your normal faculties are considered impaired.
Unlike alcohol-related DUIs, which rely on a breathalyzer to establish a blood alcohol concentration of 0.08% or higher, marijuana DUI cases are more complex. Florida does not have a “per se” legal limit for THC in a driver’s system. Therefore, the prosecution cannot simply point to a number from a blood or urine test to secure a conviction. On the other hand, there is no specific impairment limit with marijuana, and it affects everyone differently while remaining in a person’s system much longer than alcohol.
This distinction matters because it shapes how these cases are investigated and prosecuted in Panama City and across Florida. Without a clear chemical threshold, the state must build its case using other forms of evidence.
How Do Police Investigate a Marijuana DUI in Panama City?
When a Bay County law enforcement officer suspects marijuana impairment during a traffic stop, the investigation looks different from a typical alcohol DUI stop. Officers look for visible signs like bloodshot or glassy eyes, the odor of cannabis, difficulty with motor skills, or slow reaction times. They may ask drivers to perform standardized tasks such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test. Police also ask questions designed to get a driver to admit recent marijuana use.
Under Florida’s implied consent law, by operating a vehicle you have automatically agreed to submit to a chemical test if lawfully arrested for a DUI. For a suspected marijuana DUI, this typically means a urine or blood test. These tests can confirm the presence of THC metabolites, but those metabolites can remain in a person’s system for days or even weeks after use, long after the impairing effects have worn off. The presence of THC does not automatically prove you were impaired at the time of driving.
Refusing to submit to a lawful request for a breath or urine test results in an automatic driver’s license suspension of one year for a first refusal and 18 months for a second refusal. As of October 1, 2025, a first refusal is now a second-degree misdemeanor (up to 60 days jail, $500 fine) and a second/subsequent refusal is a first-degree misdemeanor (up to 1 year jail, $1,000 fine). The refusal can also be used as evidence against you at trial.
Note that the criminal misdemeanor penalties under Trenton’s Law apply only to breath and urine test refusals. Refusal of a blood test carries only the administrative license suspension, not criminal charges, per the U.S. Supreme Court’s ruling in Birchfield v. North Dakota (2016).
Does a Medical Marijuana Card Protect You from DUI Charges?
No. Although marijuana is legal for qualified patients, it is still a controlled substance under Florida law. Driving under the influence of marijuana, even medical marijuana, is a criminal offense if your normal faculties are impaired.
The law may also apply to Delta-8 THC and other hemp-derived cannabinoids that cause impairment, as §316.193 covers any substance that impairs normal faculties. However, the legal status of these compounds under Florida law continues to evolve and has not been definitively resolved. Consult an attorney for guidance on these specific substances.
Think of it the way Florida law does. Adults over 21 can legally consume alcohol, but driving drunk is still a crime. The same logic applies to legally obtained marijuana. A medical marijuana card is a legal defense for the possession and use of cannabis under specific medical guidelines. It is not a defense against a DUI charge.
That said, a valid card can still play a role in your defense. An experienced attorney may be able to argue that your lawful medical use does not equate to impairment and challenge the subjective evidence the state relies on to prove its case.
What Are the Penalties for a Marijuana DUI in Florida?
A conviction for marijuana DUI in Florida carries the same serious penalties as an alcohol DUI conviction, including fines, incarceration, and license suspension. The severity of the penalties depend on prior offenses:
First offense:
- Fines of not less than $500 or more than $1,000
- Up to 6 months in jail
- License revocation for a minimum of 180 days and a maximum of one year
Second offense within five years:
- Fines of not less than $1,000 or more than $2,000
- Imprisonment of a mandatory minimum of 10 days, up to a maximum of nine months
- Five-year license revocation (May be eligible for hardship reinstatement after one year.)
Third offense within ten years (third-degree felony):
- Fines ranging from $2,000 to $5,000
- Mandatory minimum of 30 days imprisonment; up to five years in state prison
- Ten-year license revocation (May be eligible for a hardship reinstatement after two years.)
Other penalties for a DUI marijuana conviction can include probation, mandatory ignition interlock device, drug treatment programs, and vehicle impoundment. The exact penalties depend on the factors of the case, including aggravating factors.
These penalties carry lasting consequences beyond the courtroom. A DUI conviction in Florida cannot be expunged or sealed. You may also face increased insurance premiums, drug possession charges if marijuana was found in your vehicle, and difficulty with employment and housing.
After any DUI arrest in Florida, time is critical. The clock starts ticking the moment you are arrested. You have just 10 days to request a hearing to challenge your license suspension or apply for a hardship license. Missing this critical deadline means you could be stuck without a license for months or even years, regardless of what happens in court with your DUI case.
How Can You Defend Against a Marijuana DUI Charge?
Marijuana DUI cases are often more defensible than alcohol DUI cases because the prosecution’s evidence tends to be more subjective and harder to prove. Some of the most effective defense strategies include:
Challenging the traffic stop.
If the officer lacked reasonable suspicion to pull you over, any evidence gathered during the stop may be excluded from your case.
Questioning field sobriety exercises.
Standard field sobriety exercises were designed to detect alcohol impairment and are often poor indicators of marijuana impairment. Factors like fatigue, medical conditions, and uneven road surfaces can all affect performance.
Disputing chemical test results.
THC metabolites can linger in your system for days or even weeks after use, long after any intoxicating effects have worn off. A positive test does not automatically mean you were impaired while driving. There is no widely accepted “legal limit” for THC in the blood that definitively proves impairment.
Challenging the investigation procedures.
Blood and urine tests must follow strict protocols, and errors in collection, storage, or chain of custody can undermine the results.
Each of these strategies requires a thorough understanding of both Florida DUI law and the science behind THC testing. Bob Sombathy, lead criminal trial attorney at The Sombathy Law Firm, is a Board Certified Criminal Trial Lawyer with over 31 years of courtroom experience, including extensive work as a former homicide prosecutor. That background provides a unique understanding of how the state builds its case and where the weaknesses lie.
Protect Your Future After a Marijuana DUI Arrest in Panama City
A marijuana DUI charge in Bay County does not have to define your future. The Sombathy Law Firm provides personal, partner-level defense for every client. We never hand your case off to an associate. Contact us today for a consultation to discuss your case and learn how we can help protect your license, your record, and your freedom.
