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What To Do If Pulled Over After Smoking Marijuana?

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pulled over after smoking marijuana

With the legalization of both medical and adult-use marijuana in Michigan, marijuana use continues to become more accepted. However, smoking marijuana while driving or driving while “intoxicated” by marijuana is still explicitly illegal according to Michigan law. But what if you consumed marijuana earlier in the day, waited a few hours and then drove a motor vehicle when sober only to get pulled over? This article covers what do if if you’re pulled over after smoking marijuana.

Facing drug charges? Unhappy with your current attorney? Request a free consultation now.

Difference Between Alcohol and Marijuana

Often during a traffic stop, the driver will be asked, “have you used alcohol or drugs today?” by a police officer.

Unlike alcohol, there are multiple ways to consume cannabis, such as:

  • Smoking marijuana bud
  • Eating edibles made from cannabutter such as cookies, brownies, etc.
  • Vaping THC oil or dry herb

Each method results in slightly different physical and mental effects due to each individual absorption process.

While smoking cannabis bud, THC enters the lungs then passes from the lungs into the bloodstream, which then enters the brain.

The effects of marijuana begin quicker, however last for a shorter period of time than edibles.

This is why the case for marijuana impairment isn’t as clear cut as alcohol, since the mediums it can be consumed in range vastly.

Do I Have to Take a Standard Field Sobriety Test?

Don’t feel obligated to answer the question above simply because a member of law enforcement asked you to.

This is because if a police officer believes that you may be under the influence of marijuana while driving, they’ll continue that investigation.

You don’t want to give them more reasons to incriminate you.

The investigation will likely progress in the following steps:

  1. The police officer will ask you to step out from the driver’s side of the vehicle. This isn’t something you can argue. You must oblige if you don’t want to be arrested and escalate the situation.
  2. The police officer will then try to administer standard field sobriety test(s) (SFSTs). You have the right to not take these tests. Our advice? Politely decline the officer’s request, since most of these tests such as the horizontal gaze nystagmus (HGN) and one-leg stand (OLS) aren’t designed to measure impairment of marijuana, only alcohol.

For more information on what to do if you are pulled over after smoking marijuana, watch below >>

Hire a Lawyer Immediately After Your Marijuana DUI Arrest

While we don’t condone nor encourage driving under the influence of marijuana whatsoever, it’s important that Michigan residents know their rights if they face this scenario.

The legalization of recreational marijuana is something law enforcement is still catching up to, so mistakes are expected to be made that unfortunately can unjustly alter someone’s life.

Facing marijuana-related charges? Unhappy with your current attorney? Request a free consultation now.

Barton Morris
Barton Morris has been providing high-quality legal representation in the area of state and federal criminal defense for more than 20 years.
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