Marijuana DUI Charges in Florida: What You Need to Know

Driving High Can Get You a DUI

As marijuana becomes more widely available through medical programs and over-the-counter products like Delta-8 and CBD, many people mistakenly believe that driving after using these substances is legal. In Florida, driving while impaired by marijuana — even if legally prescribed or purchased — can lead to DUI charges.

At The Brancato Law Firm, P.A., we help clients fight back against unfair and exaggerated marijuana DUI prosecutions. Here’s what you need to know.

Florida DUI Law Covers Marijuana and THC Products

Under Florida Statute 316.193, you can be convicted of DUI if:

• You are driving or in actual physical control of a vehicle, and

• You are under the influence of alcohol, controlled substances, or chemical substances,

• To the extent that your normal faculties are impaired.

Marijuana — including Delta-9 THC, Delta-8 THC, and medical marijuana — is considered a controlled substance under Florida law.

How Police Investigate Marijuana DUI in Florida

Unlike alcohol DUIs where officers use breathalyzers, marijuana DUIs rely heavily on:

• Officer observations: Bloodshot eyes, odor of cannabis, slow reaction times

• Field sobriety exercises: Walk-and-turn, one-leg stand, horizontal gaze nystagmus

• Statements: Admissions to using marijuana

• Searches for cannabis products: Edibles, vape pens, loose cannabis in the vehicle

• Urine or blood tests: Detection of THC metabolites

Problems With Marijuana DUI Investigations

Marijuana DUI cases are highly defensible because:

• Presence is not impairment: THC metabolites can remain in your system for days or even weeks after use, long after any impairment ends.

• No scientific consensus: Unlike alcohol, there is no clear THC “legal limit” to define impairment.

• Field sobriety tests are unreliable: These exercises were designed to detect alcohol impairment — not marijuana effects.

In many cases, the government’s evidence is based on subjective opinions rather than true proof of impairment.

Medical Marijuana and DUI in Florida

Having a valid medical marijuana card does not protect you from DUI charges.

Even lawful use of medical marijuana can still result in a DUI arrest if an officer believes your ability to drive was impaired.

However, medical necessity arguments and lack of true impairment evidence can form part of a strong defense strategy.

Delta-8, Delta-9, and DUI

Delta-8 THC is a cannabinoid derived from hemp and sold legally in Florida under certain conditions.
However:

• It can cause impairment, especially at high doses.

• Officers are trained to treat Delta-8 impairment the same as marijuana impairment.

• Delta-8 use can lead to DUI charges if impairment is alleged, even if the product was legally purchased.

Penalties for Marijuana DUI in Florida

If convicted of a marijuana DUI, you face the same penalties as an alcohol DUI:

• Up to 6 months in jail (first offense)

• Fines between $500 and $1,000

• License suspension for 6–12 months

• Mandatory DUI school and substance abuse evaluation

• Up to 12 months probation

• Vehicle impoundment

• Potential ignition interlock device if aggravating factors are present

Subsequent offenses or DUI with serious injury greatly increase penalties.

Defenses to Marijuana DUI Charges

At The Brancato Law Firm, P.A., we use proven strategies to fight marijuana DUI charges, including:

• Challenging the basis for the traffic stop

• Attacking the reliability of field sobriety exercises

• Arguing lack of scientific proof of impairment

• Questioning urine or blood test procedures

• Suppressing illegal searches or statements

• Consulting forensic toxicologists to rebut impairment claims

Every case is unique — and a detailed, aggressive defense can make the difference between conviction and a second chance.

Why Early Legal Help Matters

Marijuana DUI cases are technical and evidence-heavy. The sooner you retain experienced counsel, the sooner we can:

• Demand preservation of bodycam footage

• Challenge administrative license suspension

• Secure expert analysis of chemical testing

• Negotiate strategically or prepare for trial

Every day you wait could cost you valuable opportunities to defend your case.

Charged With Marijuana DUI? Contact The Brancato Law Firm, P.A. Today

If you have been charged with DUI involving marijuana or THC products in Tampa, Hillsborough County, or anywhere in Florida, contact The Brancato Law Firm, P.A. today.

Call (813) 592-8981 or complete our online form for a confidential case evaluation.

We know how to challenge marijuana DUI prosecutions — and we are ready to fight for your future.