Medical Use of Marijuana in Columbia DUIs

Currently, there is no decriminalization or legalization of marijuana in South Carolina. Because of this, there is no significant impact of medical use of marijuana in Columbia DUIs. In the next year or two, legislation for medical marijuana that was proposed may eventually pass. It likely will be a good number of years before marijuana in a possession form is legal without a prescription. That is probably many years down the road. Speak with a distinguished DUI attorney about your case right away.

What Does Medical Marijuana Mean for Someone Facing Charges?

In South Carolina, the medical use of marijuana can affect a marijuana DUI charge in the same manner as any other type of drug. In South Carolina, doctors do not prescribe marijuana as a treatment for medical diagnoses. Marijuana is still illegal in South Carolina. A person using marijuana, even for medical reasons, can be arrested the same as someone using it recreationally.

How Someone’s Case can Be Impacted by their Condition

The fact that a person is treating with cannabis can be a mitigating factor for the prosecutor. It is not the same as a college student smoking marijuana in their dorm room. The person may have a severe illness that could even be a fatal illness. They are going through a traumatic time because of cancer or some other medical problem.

The problem is that medical marijuana is not legal in South Carolina. Although the charge is treated the same procedurally, mitigation and negotiations with the prosecutor to make sure the whole picture is presented helps in trying to get the charges reduced or dismissed. However, there is no guarantee, since it is still illegal in South Carolina.

Impact of Legalized Marijuana

The potential legal medical use of marijuana in Columbia DUIs can be used as mitigating evidence in someone’s case. However, it is still technically illegal in South Carolina. If someone uses marijuana to treat a severe illness, is doing well, and lives in South Carolina, a lawyer would probably urge them to move to a state where it is legal. That way, they do not have any issue.

Of course, there is some talk about using marijuana to treat opioid addiction since that is such a big epidemic. Anyone who is self-medicating with marijuana should consider moving to a state where it is legal, because a person can be arrested and prosecuted in South Carolina for marijuana.

Difference From Alcohol-Based Cases

Cases that involve medical use of marijuana in Columbia DUIs typically hold the same standard of impairment as an alcohol-based case. A person in South Carolina driving a motor vehicle can be charged with marijuana DUI or an alcohol DUI when their faculties are materially and appreciably impaired. The standard is the same; it is not based on a blood alcohol content or the officer’s suspicions that the impairment is related to alcohol through the smell of alcohol. It is based on the officer’s reasonable belief that the impairment is based on marijuana.

When to Hire an Attorney

A person should hire a marijuana DUI lawyer immediately upon arrest or under investigation by police. When a police officer contacts a person and asks questions about some type of criminal activity, the person should not answer the questions.

They should say that they want legal counsel and politely decline to answer questions, especially without a lawyer present. The person should protect the Fifth Amendment right to remain silent against self-incrimination and the Sixth Amendment right to have legal counsel explain the risks associated with speaking to police. It may be critical to speak with a lawyer about the medical use of marijuana in Columbia DUIs.