If a person is under the influence of marijuana to the extent that their faculties are impaired, it does not matter if the marijuana is medicinal or recreational. Anyone whose faculties are impaired is not allowed to drive. That being said, DUI cases are hardly ever that straightforward, but a lawyer can help guide you through the medical marijuana DUI case process. If you want to know more about West Palm Beach DUIs involving medical marijuana use, retain a skilled marijuana DUI attorney that could construct a solid case for you.
Medical Marijuana DUI Arrests
If the officer sees marijuana, smells marijuana, or suspects that someone has marijuana in their vehicle, and feels that the person’s driving is impaired, then they are going to be arrested for driving under the influence. While someone could argue that they are a medical patient and that they are taking their legally prescribed medicine, that still does not excuse their impairment. Although possessing medical marijuana or other prescription drugs might be legal, driving while under the influence of these drugs is still illegal.
How Can Regular Use of Medical Marijuana Impact an Individual
The medical use of marijuana may increase the chances of being charged with driving under the influence of marijuana because the person smokes all the time and is allowed to consume it all the time. If the person is caught behind the wheel driving, an officer could still suspect that the person is impaired. It is up to the person to argue that they are not. Regular medical use of marijuana could potentially limit the extent to which a person is impaired. The medical use of marijuana, as it becomes more widespread, may increase the amount of DUI marijuana cases that may be brought by the state.
Arguments Concerning Impairment and Marijuana Use
It is impossible to discuss West Palm Beach DUIs involving medical marijuana use, without considering arguments about whether marijuana impairs judgment or not. Some people argue that marijuana impairs people’s judgment and decision making. It is the influence of drugs the person is under that impairs the person. That is it, the person is high and therefore impaired by marijuana.
Other people argue that marijuana causes the opposite. It does not cause the person to lose inhibitions. The person becomes paranoid and more careful. People driving under the influence of marijuana oftentimes drive below the speed limit, because they are so scared. They are more cautious than others. Alcohol will diminish inhibitions or cause a person to act recklessly or make poor judgments. There are arguments that marijuana does not. Marijuana does not make someone smarter, but it does not make them dangerous and it does not impair their judgment. In fact, the arguments are that it makes them more cautious and therefore, a better driver because they are more relaxed and more careful about what they are doing because they are high. There are arguments on both sides of the issue.
Working With a Marijuana DUI Attorney
As marijuana is decriminalized and many states have begun to accept the medical use of marijuana, the question of impairment and what qualifies as impairment becomes increasingly relevant. A knowledgeable lawyer could help answer that question, and any other questions you may have. If you want to know more about West Palm Beach DUIs involving medical marijuana use, contact a lawyer today. A marijuana DUI attorney could work to protect your right to medicate and defend you.