Drugged driving could become a safety threat in Florida

On Behalf of | May 6, 2018 | Car Accidents, Drunk Driving Accidents |

Medical marijuana is now legal in Florida. This is good news for people who will benefit from cannabis for the treatment of certain medical conditions, but it may increase the chance that a person will attempt to operate a motor vehicle while under the influence of marijuana.

According to state laws, it is always illegal to drive while under the influence of any drug that could affect a driver’s cognition and physical abilities. However, it is extremely difficult for law enforcement to prove if a driver is high on marijuana. There is no way for police to test for levels of marijuana intoxication at this time.

What does this mean for you?

There is a way to test if a person has THC, which is a chemical found in marijuana, in his or her system, but the test cannot prove how much of a drug may be in a person’s system. Some facts to consider about this particular drug include the following:

  • THC can remain in a person’s system for over a month. This means that a person can test positive for it even if he or she has not consumed it for a while.
  • Law enforcement has concerns that people will be able to get away with driving while high due to lack of available ways to test for marijuana intoxication levels.
  • With the legalization of medical marijuana, it could increase the chance that a person would drive while under the influence of this specific drug.
  • There are people who believe that law enforcement needs better testing methods as soon as possible, or Florida laws should change to address this particular concern.

While proving and prosecuting driving while high remains problematic, there are still ways you can hold liable drivers accountable if you suffered because of a drugged driver. Through a civil claim, you have the right to seek compensation for damages caused by negligent or reckless driving.

How you can fight back

If you believe an intoxicated driver was the reason for the accident that left you injured, you have rights. You can seek appropriate compensation through a civil claim and pursue recovery for losses associated with your medical bills and other expenses. You may also be able to seek damages for emotional duress.

Drugged driving is dangerous and inexcusable, and you can fight back. A complete evaluation of your case will help you understand the specific legal options available to you.


attorneys Brad Culpepper and Brett J. Kurland