Fatal Texas crash spotlights driving with weed. What are Florida's laws? – Pensacola News Journal
As marijuana legalization beings to gain steam around the country and in Florida, more stories like that of Luke Resecker surface.
Just 17 years old, Resecker was sentenced Nov. 6 to 65 years in a Texas prison after he crashed into a minivan and killed six people, leaving one paralyzed from the waist down and leaving another with a traumatic brain injury. Law enforcement say Resecker tested positive for THC.
As Florida continues to fight the legalization of recreational marijuana, here’s what to know about driving while under the influence of weed.
No.
Driving while high on marijuana is considered driving under the influence of controlled substance, outlawed in Florida Statute 316.193.
According to the law firm Musca Law, anyone with a 5 nanograms of THC or more per milliliter of blood can be considered impaired and could subsequently be charged with a DUI.
The Department of Highway Safety and Motor Vehicles, the organization that runs Florida Highway Patrol, says driving high is the same as driving impaired and frequently promotes their “Drive Baked, Get Busted” campaign against driving while under the influence of THC.
If you get pulled over while under the influence of THC, the psychoactive compound found in marijuana, law enforcement may ask you to perform certain tasks to determine if you’re under the influence.
Even if you haven’t consumed marijuana, possessing it can land you in trouble.
Without a Medical Marijuana Card (or Medical Marijuana Caregiver Card, for people assisting medical marijuana patients who are minors or who need help), if you are caught with pot, marijuana advocacy group NORML lists the following penalties under Florida Statutes:
Unlike with alcohol, there is no standardized test for Florida law enforcement to test for the presence of marijuana or THC.
According to the Law Office of Gabriel & Gabriel, officers may use certain cues or signals given by the driver that could indicate a substance other than alcohol was consumed, like pupils reacting differently to light or other physical changes to reaction time.
After the examination, the officer may request the driver submit to a blood or urine test — which every driver consents to when they apply for their license, according to Gabriel & Gabriel. Anyone with 5 nanograms of THC or more per milliliter of blood can be considered impaired and could subsequently be charged with a DUI.
Drivers under the influence of drugs, including marijuana, face the same penalties as drunk drivers in Florida. That ranges from up to six months of jail time, a fine between $500 and $1,000, a license suspension, 50 hours of community service and a 10-day vehicle impoundment (for the first offense) to up to five years in prison, up to $5,000 in fines, lifetime license revocation and more for the fourth offense.
Penalties go up fast if there is a minor in the vehicle or you cause property damage, injury or death.
Contributors: C.A. Bridges, USA TODAY NETWORK – Florida
