Minnesota’s relationship with marijuana is complicated. Medical marijuana has been allowed since 2014, but only under strict circumstances, and it can only be purchased from a dozen licensed dispensaries in the state. Possession of small amounts of marijuana has been decriminalized for decades. However, recreational marijuana is not technically legal in the state.
Regardless of the legality, it is illegal to drive while under the influence of marijuana in Minnesota. Law enforcement officials take impaired driving seriously. However, we at Knutson + Casey can help you navigate any legal charges related to driving under the influence of marijuana. If you need support and would like to retain our services, you’re welcome to contact us at your convenience.
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When we look at the latest reporting year of data available from the Minnesota Department of Public Safety, we can see statistics on the physical condition of a driver in crashes. In 2018, there were 11 fatal crashes and 216 injury crashes in which a driver had taken illicit drugs (though we do not have the exact number of those impaired by marijuana). There were an additional 248 property damage-only crashes under these circumstances, highlighting the importance of actual impairment in these cases.
While there is not yet a breathalyzer test for marijuana, police officers use other forms of testing to make a determination of impairment. They can perform regular field sobriety tests and examine an individual’s physical symptoms (blood pressure, pulse, eye exams, etc.). If a person suspected of being impaired on marijuana causes an accident with injuries or death, police will get a warrant for a blood test to be conducted. Additionally, Minnesota’s per se drugged driving laws make it a crime to be in physical control of a vehicle while under the influence of controlled substances.
Impaired driving laws in Minnesota are designed to protect public safety by preventing drivers from operating a vehicle while under the influence of a controlled substance, including marijuana.
According to Minnesota law, a person is guilty of a DWI if they drive while under the influence of a controlled substance, including marijuana, or if they are knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles. The substance must substantially impair the person’s ability to drive.
Depending on your history with criminal behavior, including whether you’ve been found guilty of DWI in the past, you may face different consequences. The following describes the severity of penalties depending on whether someone is a repeat offender:
If you need additional assistance determining the potential severity of consequences, or with other aspects of your case, we invite you to contact Knutson + Casey. We can help analyze the circumstances and assess what next steps will best support your rights and protections.
Marijuana impairment can be challenging to detect, as the effects of the substance can vary depending on the individual’s tolerance, dosage, and weight. Unlike alcohol, there is no specific THC level that indicates impairment. Research has shown that a person’s THC level is not a reliable indicator of marijuana impairment. As a result, law enforcement officers rely on specialized drug recognition evaluators (DREs) trained to identify signs of marijuana intoxication.
Field sobriety tests are not effective in detecting marijuana intoxication. However, a DRE can administer a separate sequence of testing designed to assess possible impairment caused by controlled substances. The DRE evaluation includes a series of physical and cognitive tests to determine if the driver is impaired. The results of the DRE evaluation can be used as evidence in court to prove impairment.
To prove a marijuana DUI, the State must show that the driver was impaired while operating a motor vehicle. This can be done by presenting evidence of poor driving conduct, behavior consistent with impairment, and the results of the DRE evaluation. An experienced Minnesota DUI attorney can help navigate the complexities of marijuana DUI laws and defend against charges.
While most people understand that driving while impaired by alcohol is dangerous, many people still think that driving after using marijuana is okay. These drivers may not be aware of the unintended consequences on their criminal record and their safety.
For example, most studies have shown that driving while impaired by marijuana does slow down a person’s reaction times and judgment, according to the Centers for Disease Control (CDC). They also say that the drug can impair a person’s coordination, distort their perception, lead to memory loss, and substantially impair a person’s ability to drive. The risk of serious accidents increases when marijuana is used in combination with alcohol.
The penalties for a marijuana DUI in Minnesota are the same as those for an alcohol DUI. A conviction can result in fines, license suspension, and even jail time. Additionally, a marijuana DUI conviction can have long-term consequences, including increased insurance rates and a criminal record.
Penalties may also be more severe if a driver is guilty of committing multiple crimes at once. For example, driving under the influence of marijuana while possessing an unlawful amount of the substance may result in harsher consequences. It is essential to seek legal representation from an experienced Minnesota DUI attorney to protect your rights and defend against charges.
Driving under the influence of marijuana poses complex legal challenges, and our team at Knutson + Casey understands the intricacies of impaired driving laws in Minnesota. With extensive experience in DUI cases, we may be able to help you navigate charges related to driving under the influence of marijuana. Minnesota law enforcement takes these cases seriously, using drug recognition evaluators (DREs) and other evidence to determine impairment.
When you work with us, you’ll gain a dedicated advocate who is familiar with Minnesota’s evolving stance on marijuana-related DUI offenses. Our legal team works closely with clients to analyze every detail of their case, from field sobriety tests to DRE evaluations. If you’d like to discuss your case further, contact Knutson + Casey for personalized support at (507) 344-8888 or through our contact form.
Knutson and Casey Expert Legal Team
December 12, 2024
At Knutson+Casey, we take the time to understand each distinctive matter presented to us by a client in need of assistance. We make certain that our clients understand their options and can make informed decisions regarding the progress of their cases. We have 4 bar certified attorneys as well as 5 expert paralegals on staff to review all legal information and cases presented.