The state of West Virginia legalized medical marijuana in 2017 with the passage of The Medical Cannabis Act. However, recreational marijuana remains illegal in the state. However, whether your usage of marijuana is legal or illegal, the state forbids you from operating a vehicle while under the influence. The presence of marijuana in your blood may result in a Driving Under the Influence of Drugs (DUID) charge.
The state makes a legal distinction between Driving Under the Influence (DUI) of alcohol and a DUID. A variety of legal and illegal drugs may qualify for a DUID charge. Even if you have a prescription for a medication, you can still be charged with DUID. Some of the most commonly prescribed medications that result in a DUID charge include:
- Blood pressure medication
- Pain medication
- Medical marijuana
West Virginia defines THC limits of 3 nanograms per millimeter of blood as being the legal limit for marijuana. If a police officer pulls you over while under the influence of marijuana and your blood contains a THC level above the legal limit, the state of West Virginia does not make a distinction between medical and recreational marijuana.
Someone suspected of a DUI for alcohol must provide a breath, urine or blood sample to police officers for testing. The law states that anyone driving in the state gives implied consent to be tested if suspected of driving under the influence of alcohol. These rules do not apply if you are suspected of driving under the influence of marijuana or any other drug. This means police cannot charge you for refusing to submit to testing for marijuana use.
Being arrested for driving under the influence of marijuana can result in serious consequences. Specific charges include both misdemeanors and felonies, and you face up to life in prison after your third offense. Always take DUID charges seriously.