Medical Marijuana and DWI Arrests in Louisiana: Can You Be Convicted With a Prescription?
In Louisiana, holding a valid medical marijuana prescription is not a legal defense against a DWI if you drive while impaired. Law enforcement relies on blood tests and Drug Recognition Experts to pursue convictions under La. Rev. Stat. § 14:98.
With the expansion of the medical marijuana program in Louisiana, thousands of patients now rely on legally prescribed cannabis for pain relief, anxiety, and chronic medical conditions. However, a dangerous misconception has spread: many drivers believe that having a medical marijuana card protects them from a Driving While Intoxicated (DWI) charge. This is absolutely false. In Louisiana, a DWI does not just apply to alcohol; it applies to any substance-legal or illegal-that impairs your ability to safely operate a motor vehicle.
If you are a medical cannabis patient facing a DWI charge in Shreveport, Lake Charles, or Houma, you face a unique set of legal challenges. Because the science of marijuana impairment is highly complex, finding a skilled criminal defense attorney from our US Lawyer directory is crucial to challenge the state's evidence.
The Law on Drugged Driving in Louisiana
Under La. Rev. Stat. § 14:98, it is a crime to operate a motor vehicle when you are under the influence of any controlled dangerous substance, or when you are under the influence of a combination of legally obtainable prescription drugs that cause impairment. The law explicitly states that having a legal prescription is not an affirmative defense to a DWI. The state only has to prove that the cannabis impaired your physical or mental faculties to the point that you could no longer drive safely.
Active THC vs. Inactive Metabolites in Blood Tests
Unlike alcohol, which dissipates from the bloodstream at a predictable rate, marijuana interacts with the body very differently. When police suspect you of driving high, a breathalyzer will not detect THC. Instead, they will request a blood test. This is where innocent medical patients get in trouble. Cannabis leaves 'inactive metabolites' (known as Carboxy-THC) in your fat cells for weeks or even months after your last dose. These inactive metabolites do not cause impairment. If the Louisiana State Police Crime Lab, Baton Rouge tests your blood and only finds inactive metabolites, a skilled defense attorney can strongly argue that you were not actively high while driving. They will demand proof of 'active THC' (Delta-9 THC) at the time of the traffic stop.
Refusing the DRE (Drug Recognition Expert) Evaluation
Because there is no standard 'legal limit' for THC in Louisiana like the 0.08% BAC for alcohol, police rely heavily on subjective tests. If a standard officer suspects drug use, they will often call a Drug Recognition Expert (DRE) to the scene or the police station. A DRE is an officer trained to look for physical signs of drug impairment, such as pupil dilation, elevated pulse, and muscle tremors. Because these evaluations are highly subjective and prone to error, defense attorneys frequently challenge DRE testimony in court, relying on legal standards seen in cases like State v. Kestle, 996 So. 2d 275 (LA Supreme Court 2008) regarding the admissibility and weight of subjective impairment evidence.
Defending Legally Prescribed Cannabis Users in Court
To convict a medical marijuana patient, the prosecutor must bridge the gap between simply having the drug in your system and actually being impaired. A strong defense strategy involves proving that your driving behavior (e.g., swerving or speeding) was caused by something else, such as reaching for a phone, fatigue, or a medical emergency, rather than intoxication. Furthermore, if the officer failed to properly read you your implied consent rights under La. Rev. Stat. § 32:661(C) using the Form DPSSP 6621, Louisiana, Department of Public Safety and Corrections, Rights Relating to the Chemical Test for Intoxication, your attorney may file a motion to suppress the blood test results entirely.
Frequently Asked Questions (FAQ)
Is a marijuana DWI punished differently than an alcohol DWI in Louisiana?
No. Under Louisiana law, a DWI is a DWI regardless of the substance. A first-offense marijuana DWI carries the exact same potential penalties as a first-offense alcohol DWI, including fines, probation, and possible jail time.
Will I lose my medical marijuana prescription if I am convicted?
A DWI conviction does not automatically revoke your state medical marijuana card. However, if the judge places you on probation, they have the authority to order you to abstain from all drug use, which could complicate your medical treatment.
What happens if I refuse the police blood test?
Because of Louisiana's Implied Consent law, refusing a requested blood test will result in an automatic suspension of your driver's license, usually for a full year on a first offense. The police may also apply for a warrant from a judge to forcibly draw your blood.
Can they use the smell of marijuana as a reason to search my car?
Historically, yes. However, recent changes in the law and court rulings regarding legalized medical and hemp products make the 'smell of marijuana' a highly debated topic. An attorney may challenge the legality of the search if smell was the only probable cause.
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