Can You Drive the Day After Smoking Cannabis
Discover the truth behind driving after cannabis use and get expert advice on staying safe on the road.
Quick answer
A first cannabis driving violation is a misdemeanor in most US states. Common penalties: a fine from $300 to $2,500, license suspension from 90 days to 12 months, a DUI education course, probation, and up to 6 months in jail if the court does not suspend the sentence. A blood THC limit decides the charge in some states. In others, the officer report and field sobriety tests decide it.
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Blood THC limits by state
Several states use a per se limit. Nevada, Ohio, Montana, Pennsylvania, and Washington set 5 nanograms of THC per milliliter of whole blood. Illinois uses 5 ng/mL THC, 10 ng/mL carboxy-THC, or 15 ng/mL hydroxy-THC. Colorado treats 5 ng/mL as a permissible inference, not a hard limit. California and Arizona use no numeric limit. Prosecutors there must show impairment from driving, speech, and coordination.
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Standard first offense penalties
- Fine: $300 to $2,500. Court fees add $200 to $1,000 in many counties.
- License suspension: 90 days to 12 months. Some states issue a restricted license for work or school.
- Jail: up to 6 months. Courts suspend the term for a first offense with no crash and no injury.
- Education: 12 to 26 weeks of DUI classes or a treatment program.
- Probation: 6 to 24 months with drug testing.
- Ignition interlock: required in some states for a first offense, though the device reads alcohol, not THC.
Chemical test refusal
Every state has an implied consent law. A driver who refuses a blood or urine test for a cannabis DUI can lose the license for 6 to 12 months. That suspension runs separate from the criminal case. In some states the refusal becomes evidence at trial.
Costs past the fine
Insurance rates rise after a DUI conviction. Some carriers drop the policy at renewal. Towing, storage, bail, an attorney, and drug testing add to the total. Total cost for a first offense often lands between $3,000 and $10,000.
Cannabis and Driving Laws for CBD Users: US Guide
Record and expungement
The conviction stays on a criminal record until the state expunges or seals it. Many states allow expungement after 1 to 5 years for a first offense with no other convictions. Rules differ by state. Check the state statute or a public defender.
What is not settled
THC blood levels do not track impairment well. A frequent user can test above a per se limit days after last use. National arrest data for cannabis DUI is incomplete. Judges and juries decide these cases on the facts presented.