Driving and Marijuana — What You Need to Know

Yes, the laws in Massachusetts for smoking weed have been relaxed, but they are still enforced in OUI charges. Learn more about the penalties for driving high. The increase in the use of marijuana by all ages has put the police on extra lookout for signs of bad driving, for example:

  • slow response from a stop light or stop sign
  • blinker left on after the turn has been completed
  • blinker is on with no turn in sight
  • going below the posted speed limit for an extended period of time.

It’s true the police can’t pull you over or get you out of your car because of the smell of weed, but because they have the duty to protect the road, they can ask you to perform a field sobriety test.

These will be done without a video camera, and in most cases, the passing or failing will be up to that officer’s opinion! The officer has invested the time to get out of his car and begin to investigate you—do you want to bet what his opinion will be? This will need to be explored at trial or by a Motion to Suppress.

In Massachusetts, we don’t have forced blood or urine draw, so the only real way the officer is going to know what you have consumed is what you tell him/her or what they find in your vehicle. Bottom line: DON’T TALK TO THE POLICE. Only give them your license and registration and remain quiet.

Remember, more defendant’s talk themselves into a criminal charge than talk their way out of a criminal charge.

  • More officers are attempting to visually ID certain drugs; marijuana is one of them. Certain studies have said to have up to a 14% error rate on the visual testing.
  • Urine tests are not valid unless certain protocols are followed. Does your attorney know the protocols?
  • Blood test are subject to a number of challenges and they all need to be conducted in order to keep the blood results from coming into evidence.

Related Information: Marijuana Testing For OUI

Just because marijuana has been decriminalized doesn’t mean you can’t find yourself in trouble with the law. If you do, please call Criminal Defense Attorney Gregory Oberhauser.

He is the only lawyer in Massachusetts who has successfully completed the American Chemical Society’s testing to be called a Lawyer-Scientist. He can help you in your drug case and your OUI / DUI-Drug case. Call Attorney Oberhauser at 978-452-1116.

Important: You may be surprised to learn that some requests by an officer are within your rights to decline; others are not. Learn about your rights when you are stopped by the police on suspicion of operating under the influence.


Attorney Gregory Oberhauser

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Gregory Oberhauser is the ONLY attorney in Massachusetts to be distinguished as an ACS-CHAL Forensic Lawyer-Scientist by the American Chemical Society!

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