In 2018, Michigan became one of dozens of states to legalize marijuana. Although possession of marijuana is no longer a crime in the state, those who choose to use it should still be aware of certain laws surrounding it – namely those that involve driving. Like alcohol, it is illegal to operate a motor vehicle while under the influence of marijuana, and those who are caught doing so may face serious criminal penalties.
If you have recently been arrested for driving while high in Michigan, you have legal rights. Experienced Flint, Michigan DUI lawyer Shaun Marks represents clients in all types of OWI cases. Contact Shaun today to learn more about how to respond to the charges you face and what to expect.
How Much Marijuana Can Michigan Drivers Legally Have in Their System?
Some states with legalized marijuana treat the drug the same as alcohol, meaning that drivers are permitted to operate their vehicles with low levels in their system. However, Michigan is not one of these states.
The state enforces a zero-tolerance law, which makes it illegal to drive with any amount of marijuana in your system – with certain exceptions for individuals who use marijuana for medical reasons. So if you are caught smoking marijuana behind the wheel or with the drug in your system, you will likely face drugged driving charges.
Can You Drive With Marijuana in Your Vehicle in Michigan?
Although Michigan residents are prohibited from smoking marijuana in their cars, it is legal to carry small amounts of marijuana in your car. The state allows residents to possess up to 2.5 ounces of marijuana in their vehicles, but no more than 15 grams of edibles or concentrates.
This 2.5-ounce limit applies to marijuana possession in all circumstances, not just when you carry it in a motor vehicle. Marijuana vendors may not sell more than 2.5 ounces to a customer at once.
It is also important to note that you cannot have any marijuana in your vehicle if someone is smoking it, even if the smoker is a passenger. If you are driving without marijuana in your system but another person in your vehicle is consuming it, you could still face criminal charges.
What Are the Penalties For Driving While High in Michigan?
The penalties for a drugged driving conviction in Michigan vary depending on whether you have any prior arrests for driving under the influence:
- First offense – A first-time conviction can result in up to 360 hours of community service, up to $300 in fines, and/or up to 93 days in jail.
- Second offense – A second conviction within 7 years of the first conviction carries potential penalties of a fine between $200 and $1,000, 5 days to one year in jail, and/or 30-90 days of community service.
- Third and subsequent offenses – A third or subsequent offense within 7 years is considered a felony and carries potential penalties of a fine between $500 and $5,000, and either 1-5 years in jail or probation with 30 days to one year in prison, and 60-180 days of community service.
What Do the Police Need to Make an Arrest For Drugged Driving?
Making an arrest for driving under the influence of marijuana is much more complicated than an arrest for driving under the influence of alcohol. There is no breathalyzer test capable of detecting marijuana, so the police need to have other evidence that a driver is impaired by marijuana before making an arrest.
If a driver is pulled over and the police officer suspects that they are under the influence of marijuana, the officer may rely on several forms of evidence. These include, but are not limited to, the following:
- How the driver performs on field sobriety tests
- Whether the driver exhibited behaviors indicative of impaired driving, such as swerving or failing to stay in a lane
- Evidence of impairment in the driver’s physical condition, such as bloodshot eyes
- An odor of smoked marijuana on the driver or in their vehicle
- Admissions of guilt in statements made by the driver
- Statements or admissions by passengers
- Statements or admissions by witnesses
If the police officer believes that there is sufficient evidence of impairment to make an arrest, they may ask the driver to take a chemical test to determine whether marijuana is in their system.
Michigan Driving While High FAQ
What If I Refuse to Take a Chemical Test After Being Pulled Over?
Following an arrest on suspicion of drunk or drugged driving, Michigan police ask the suspect to submit to a chemical test to determine whether there are drugs or alcohol in their system. This chemical test may be done via a blood or urine sample.
Michigan has a law called implied consent, which states that by applying for and receiving a Michigan driver’s license, you automatically have given consent to submit to these chemical tests. Refusal to take the test is considered a violation of this implied consent law.
A refusal will be submitted to the Michigan Secretary of State, and the driver then has 14 days to contest the charges. Failure to respond within 14 days results in an automatic six points on your driver’s record and a one-year driver’s license suspension.
Does Michigan’s Zero-Tolerance Marijuana Law Apply to Medical Marijuana?
In certain circumstances, there are exceptions to Michigan’s zero-tolerance policy for residents who have medical marijuana cards. In 2013, the Michigan Supreme Court ruled that the Michigan Medical Marihuana Act supersedes the zero-tolerance standard for driving under the influence of marijuana.
This means that if you are a medical marijuana user and are pulled over in Michigan, the fact that marijuana was in your system may not be enough to make an arrest. Although driving under the influence of marijuana is still prohibited, the police will need additional evidence that your driving was impaired by marijuana at the time of your arrest.
Learn More From An Experienced Michigan Drunk Driving Lawyer
If you are facing drugged driving charges for driving under the influence of marijuana in Michigan, it is important to understand your legal rights. Experienced Michigan criminal defense lawyer Shaun R. Marks can help you understand the charges you face and develop a strong legal strategy based on the circumstances of your case. Contact Shaun today to learn more.
Criminal defense attorney Shaun Marks had received his Juris Doctor degree with Cum Laude honors from the Detroit College of Law in 1994. He received his undergraduate degree in Criminal Justice from the University of Michigan-Flint. He has served in the U.S. Air force Security Police and as an Assistant city Attorney for the City of Flint. He has also worked in the office of former U.S. Senator Donald Riegle. Attorney Marks has successfully represented thousands of clients in criminal matters in state and federal courts across Michigan.
