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In today’s society, marijuana use is becoming more socially accepted. This has caused States to begin legalizing marijuana and marijuana products, with approximately 24 states in the US having legalized marijuana use in some form for adults.
However, Tennessee remains one of the strictest states when it comes to marijuana laws. Recreational use is still fully illegal, and even possession of a small amount can result in criminal charges. The state also does not recognize medical marijuana cards from other states, meaning any THC use in Tennessee—medical or recreational—can put you at legal risk.
With recent advances in cannabis laws, we continue to see an increase in new marijuana related substances on the market – including Delta 8 THC, Delta 10 THC, THC-A, THC-P and many other products that you may have noticed in your local gas station or smoke shop. While some of these products are federally legal under the 2018 Farm Bill, Tennessee’s stance on hemp-derived THC is continuously changing, and law enforcement spares no effort in cracking down on impairment-related offenses.
With the increase of products comes an increase of usage. But how does this impact DUI enforcement? Can you get a DUI from Marijuana use?
The DUI law in Tennessee T.C.A. § 55-10-401 deems it “unlawful for any person to drive or be in physical control of an automobile or other motor driven vehicle on any public road…or premises that is generally frequented by the public at large while under the influence of any intoxicant, marijuana, controlled substance…that impairs the ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess.”
Tennessee takes DUIs seriously and the consequences can be severe, even for a first offense. If convicted, penalties can include:
Additionally, penalties such as mandatory drug and alcohol treatment, ignition interlock devices, and probation, may also be required if you are found guilty in court.
Many people incorrectly assume that DUI charges only apply to consuming alcohol. But the law is clear: if the State can prove that the person was driving or in physical control of an automobile or motor driven vehicle on a public area, while the person was under the influence of marijuana, that person can be charged with DUI.
So, how does a defense attorney defend against a marijuana DUI in Tennessee?
Unlike alcohol related DUI cases, Tennessee does not have a “per se” marijuana DUI law. This means there is not a specific level of THC in a person’s system that alone would allow a person to be convicted of DUI.
Therefore, the State has to show that based on an Officer’s observations, a subject’s statements, or potentially the subject’s blood results, that the subject was impaired by marijuana.
But these cases can be significantly more difficult to prosecute compared to alcohol cases, as Officers are not always trained in potential marijuana impairment, and some of the observations that we expect to see in an alcohol related DUI investigation may not appear in a marijuana DUI.
That’s why it’s important to hire an experienced DUI attorney who can explore the specific legal issues related to marijuana DUI cases – like the difference of observations, the difference in expected Field Sobriety performance, and how the specific levels in a person’s blood, if any, can impact the case and lead to reaching the favorable result we all want.
Marijuana DUI cases are not the same as alcohol-related DUIs—they require a specialized defense strategy. At Barnes & Fersten, we have years of experience handling complex DUI cases, including those involving marijuana and other controlled substances. We know how to challenge the evidence, question unreliable testing methods, and expose weaknesses in the prosecution’s case.
Unlike alcohol, THC stays in your system long after its effects have worn off, which means testing positive does not automatically mean you were impaired. Our attorneys know how to challenge blood test results, field sobriety tests, and officer observations in marijuana DUI cases.
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Successfully defending against a Marijuana DUI charge in Tennessee requires more than just legal expertise—it requires familiarity with local courts, judges, and prosecutors. Our attorneys have years of experience handling cases in Tennessee and understand how to navigate the legal system to your advantage.
Yes. Tennessee does not recognize out-of-state medical marijuana cards, and any amount of marijuana in your system can lead to a DUI charge if an officer believes you are impaired while driving.
Unlike alcohol, there is no legal THC limit for impairment in Tennessee. Officers rely on field sobriety tests, their observations, and sometimes blood tests, though none of these methods are foolproof.
Yes. The penalties for a Marijuana DUI in Tennessee are the same as an alcohol-related DUI, including jail time, fines, license suspension, and mandatory drug and alcohol education programs.
Yes. Tennessee law allows for “physical control” DUI charges, meaning you can be arrested even if you were not actively driving, depending on the circumstances.
Yes, a DUI conviction in Tennessee cannot be expunged and will remain on your record permanently, making it crucial to have a marijuana DUI attorney that can fight the charges.
Remain calm and silent, refuse field sobriety tests, and call an attorney immediately. The sooner you have legal representation, the sooner an attorney can start building your defense.
A Marijuana DUI charge in Tennessee can have serious, long-term consequences, including jail time and a criminal record that can follow you for life. However, it’s important to remember that a charge is not conviction—you have options. The prosecution must prove actual impairment, and with the right defense, you can challenge unreliable evidence, flawed sobriety tests, and inaccurate THC testing.
At Barnes & Fersten, we have extensive experience handling marijuana-related DUI cases, and we know how to fight back against weak or unfair charges. Whether this is your first offense or you have prior DUI history, we will build a strong, aggressive defense to protect your rights, license, and future.
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