Indiana Just Changed the Law Regarding Marijuana and DUIPosted by On


The law regarding marijuana use and Driving While Intoxicated has just changed in the state of Indiana and this could be good news for some Hoosiers.

Prior to the new law going into effect July 1, 2021, if you were involved in an accident where you were not at fault, but you tested positive for marijuana, you could face felony charges – even if it had been days since you had used marijuana.

 

It is Indiana law that drivers involved in a serious accident are required to submit to a blood test. Prior to July first, Indiana had a “zero tolerance per se law” regarding THC. If a driver was found to have any amount of THC or THC metabolites, no matter how small that amount may have been, they could be charged with a misdemeanor of driving under the influence – even if they were exhibiting no signs of impairment. The charges could be even more serious if there was bodily injury or death, even if they were not at fault in the accident.

According to NORML, the National Organization for the Reform of Marijuana Laws, said regarding the previous law in the State of Indiana:

…it is a violation of the traffic safety code to operate a motor vehicle with any detectable level of either THC or THC metabolites in one’s blood or urine, absent any further evidence of psychomotor impairment. Because both THC and the carboxy-THC metabolite may be present for several days, if not longer, following cannabis exposure, this law could result in the inadvertent prosecution of medical cannabis…

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The law regarding marijuana use and Driving While Intoxicated has just changed in the state of Indiana and this could be good news for some Hoosiers.

Prior to the new law going into effect July 1, 2021, if you were involved in an accident where you were not at fault, but you tested positive for marijuana, you could face felony charges – even if it had been days since you had used marijuana.

 

It is Indiana law that drivers involved in a serious accident are required to submit to a blood test. Prior to July first, Indiana had a “zero tolerance per se law” regarding THC. If a driver was found to have any amount of THC or THC metabolites, no matter how small that amount may have been, they could be charged with a misdemeanor of driving under the influence – even if they were exhibiting no signs of impairment. The charges could be even more serious if there was bodily injury or death, even if they were not at fault in the accident.

According to NORML, the National Organization for the Reform of Marijuana Laws, said regarding the previous law in the State of Indiana:

…it is a violation of the traffic safety code to operate a motor vehicle with any detectable level of either THC or THC metabolites in one’s blood or urine, absent any further evidence of psychomotor impairment. Because both THC and the carboxy-THC metabolite may be present for several days, if not longer, following cannabis exposure, this law could result in the inadvertent prosecution of medical cannabis…



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