Can You Transport Marijuana?
If you are over the age of 21, you can transport 2.5 ounces or less of marijuana. Even though you can transport marijuana, you are still prohibited from ingesting the substance before operating any type of motor vehicle. You also cannot consume marijuana while you are driving a motor vehicle. If you have passengers in your car, they cannot consume marijuana while they are in the passengers' area.
What is an OWI?
If pulled over and arrested for marijuana use, you likely are charged with an OWI or operating a vehicle while intoxicated. This is the preferred term used to encompass those who were not technically driving the car when consuming illegal substances. An OWI violation can include:
- Not being able to safely operate a motor vehicle because of alcohol, drug, or other substance use
- Blood alcohol content (BAC) of .08 or higher
What Happens If I Get Pulled Over?
Police officers determine if you are under the influence of marijuana by observing your behavior. If you have been stopped on suspicion of being intoxicated, you may have had to take a field sobriety test. If the officer requested that you submit to a chemical test and refused, your driver's license can be suspended.
Hiring an Attorney
If you get charged with an OWI for marijuana or any other substance use, you should contact an attorney who is experienced in these matters to help you through the necessary steps. Here are a few things to remember:
- You will need to request a hearing to appeal your suspension, but it must be mailed within 14 days of your arrest.
- You are within your rights to attend this hearing on your own without representation, but it would be a good idea to have an attorney with you on that day.
- A conviction on an OWI charge could mean a 93-day jail sentence, suspension of your license, up to a $500 fine, and six points added to your driving record.
Don't leave this to chance. Contact the team at White Law PLLC to schedule a consultation. We will aggressively fight to protect your rights and get the best possible outcome.