Arrested for Marijuana Edibles DUI After Eating Gummies in South Florida? You Face Harsh Penalties and Unique Challenges in Fighting the Charges

In South Florida, marijuana edible DUI cases are on the rise, and the laws are still evolving. Even if you are legally able to consume medical marijuana gummies, you can be charged with a marijuana edibles DUI if you drive after eating them.

You face severe penalties and long-term consequences in your life if you’re convicted of this crime. Our experienced South Florida DUI defense lawyers at the Law Offices of Robert David Malove understand what makes these cases uniquely challenging and can develop an aggressive defense strategy to fight the charges you face and protect your record and freedom.

Are Marijuana Edibles Legal in South Florida?

Florida has a complex patchwork of marijuana laws that can create confusion around edibles. Here are the key laws you need to know about:

• Medical marijuana. Edibles are legal for registered patients, but only if purchased from licensed medical marijuana treatment centers. Homemade marijuana edibles are not allowed, even for patients.
• Hemp-derived edibles. Consumable hemp products, like CBD or Delta-8-THC gummies, are legal in Florida as long as they contain less than 0.3% THC. 
• Recreational marijuana. Edibles for recreational use remain illegal under Florida law.

Can You Be Charged With DUI If You Consumed Marijuana Edibles Before Driving?

Yes, you can be charged with a marijuana edibles DUI if you consume gummies before driving. There is no specific marijuana DUI law in Florida. However, you can be charged with marijuana edibles DUI under Florida Statute §316.193 if you’re driving while impaired.

How Are Marijuana Edible DUIs Different From Alcohol-Related Cases?

When it comes to DUI arrests, most people think of alcohol intoxication. But in Florida, you can face the exact charges for driving under the influence of marijuana edibles. However, the way these cases are investigated, proven, and defended differs in several key ways:

• Delayed effects. Marijuana edibles can take 30 minutes to 2 hours to kick in, and the high can last 4-10 hours. So, you might not feel impaired when you start driving, only to be over the legal limit later.
• No odor or obvious signs. Edibles lack the distinct smell of smoked marijuana. Additionally, the physical signs of edible intoxication, such as red eyes or dry mouth, aren't always apparent or conclusive.
• Blood tests. Standard DUI breathalyzer tests can't detect chemicals in marijuana edibles. Instead, police must do a blood draw and send it to a lab for analysis, adding time and room for error.
• Murky science on impairment. Studies conflict on how much THC in the blood proves intoxication. Florida sets a limit of less than 0.03%, but not everyone will be impaired at that level. 

What Signs of Impairment Will the Police Use to Arrest You for Marijuana Edible DUI in South Florida? 

Determining if a driver is impaired due to consuming marijuana edibles is more complicated than deciding if they consumed alcohol. The police could use this evidence to establish probable cause to arrest you for marijuana edible DUI:  

• Physical signs of intoxication, like disorientation, slurred speech, or poor coordination
• Statements you make about consuming edibles before driving
• Marijuana edibles found in your vehicle or on your person
• Failure of roadside field sobriety tests 

Once probable cause is established, you'll likely be arrested and taken for a blood test. If THC is confirmed, you can be charged with DUI even if you felt sober.

Can You Be Arrested for Marijuana Edibles DUI If You Ate Delta-8-THC?

Delta-8-THC gummies are a hemp-derived compound that is legal in Florida. You can purchase it at stores and online in our state. If you are impaired when driving after consuming them, you can be arrested for marijuana edibles DUI. 

What Are the Penalties for Marijuana Edible DUI in Florida?

Marijuana edible DUIs carry the same potential penalties as alcohol-related offenses in Florida. If there are aggravating factors, such as an accident involving property damage or injuries, you could face enhanced penalties. You could be sentenced to the following:

• First conviction. Up to 6 months in jail, $500-$1,000 fine, and license revocation for 180 days to 1 year
• Second conviction. Up to 9 months in jail, $1,000-$2,000 fine, and license revocation up to 5 years
• Third conviction (within 10 years of the second): Mandatory 30 days jail up to 5 years prison, $2,000-$5,000 fine, and license revocation up to 10 years

How Can a South Florida DUI Defense Lawyer Fight a Marijuana Edible DUI Charge?

Marijuana edible DUI cases are complex and constantly changing. Don't try to handle these serious charges on your own and risk your freedom and future.

Our knowledgeable DUI defense lawyers at the Law Offices of Robert David Malove will scrutinize every aspect of your marijuana edible DUI case to build the strongest possible defense. This could include:

• Challenging the justification for the initial traffic stop
• Examining roadside impairment test results for inconsistencies and improper administration of the tests
• Investigating whether medical conditions or medications could have skewed your blood test results
• Uncovering problems in the blood sample collection, storage, or analysis
• Arguing that THC levels don't necessarily correlate to impairment
• Raising violations of your constitutional rights
• Filing a motion to suppress evidence illegally obtained and to dismiss the charges 
• Entering into a plea bargain to reduce the charges you face or your sentence
• Arguing your case at a jury trial