Medical Marijuana and DUI Charges in Texas

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Texas is known for being tough on drugs, but it is not especially unique in its tough stance regarding driving under the influence of alcohol (DUI). Every state takes these charges especially seriously, and a conviction can lead to harsh penalties and steep fines. While recreational marijuana is strictly illegal in the State of Texas - and medical marijuana is, too - there is a compassionate use provision (CUP) that allows the use of low-THC marijuana products in very specific instances.

In other words, Texas is exceptionally tough on marijuana, and this extends to medical marijuana and DUI charges. If you are facing a DUI charge of any kind, you should not wait to consult with an experienced Williamson County criminal defense attorney.

Marijuana and DUI Charges

The authorities in Texas are not interested in whether or not the marijuana in your system is medical or not if it pulls you over for a DUI. If you indulged prior to or while driving, it is illegal no matter what circumstances pertain to your situation. It is important to recognize that even if you are one of the relatively few people who are covered by the state’s compassionate use provision – which never allows smoking the drug – this fact is not going to do you any good if you are facing a marijuana DUI charge.

When the Police Have the Legal Right to Pull You Over

A police officer has the legal right to pull you over if he or she believes you are exhibiting signs of marijuana intoxication, which can include:

  • Engaging in driving practices that overcompensate for your impairment, such as driving too slowly

  • Spending excessively (it is difficult to win on this speed component unless you are maintaining a speed that correlates exactly with the speed limit)

  • Losing control of your vehicle

  • Weaving or drifting in and out of your lane

  • Failing to timely react to anything on the road that you need to react to, such as traffic patterns, traffic signs and signals, a forward obstacle, bad weather, or anything else

  • Exhibiting signs of distracted driving

  • Exhibiting signs of impaired cognitive functioning

If a police officer wants to pull you over, it generally is not exceptionally difficult to find a reason for doing so.

The Penalties that Apply

If you are pulled over and found in possession of marijuana, you face considerable fines and penalties. For example, possession of up to two ounces is a Class B misdemeanor that can lead to fines of up to $2,000 and up to 180 days in jail. If you also face a DUI charge, you can add up to 180 days behind bars and fines of up to $2,000 to your bid. In other words, this is a matter that you need to take seriously.

An Experienced Williamson County Criminal Defense Attorney Is Here to Help

Attorney Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Williamson County, Texas – dedicates his practice to skillfully advocating for the legal rights and favorable case resolutions of clients like you. We are on your side, so please contact or call us at 254-501-4040 for more information today.


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