Can having a medical marijuana card be considered a valid defense against DUI?

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The assertion that having a medical marijuana card cannot be considered a valid defense against DUI is based on the legal principle that driving under the influence of any substance, including marijuana, can impair a driver's ability to operate a vehicle safely. Regardless of the legal status of marijuana use for medical purposes, individuals can still face DUI charges if they are found to be impaired while driving.

The law generally treats impairment due to controlled substances seriously, and law enforcement can conduct tests to determine levels of impairment. A medical marijuana card does not provide immunity from DUI charges; it simply permits the legal use of marijuana for medical reasons. However, it does not negate the responsibility that a driver has to ensure they are not impaired when operating a vehicle.

While some states may have specific laws regarding the use of medical marijuana and DUI, the broad legal framework maintains that if someone is showing signs of impairment, they can be charged with DUI regardless of their medical marijuana status. Therefore, having a medical marijuana card does not serve as a blanket defense against DUI.

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