Medical THC Cards vs. North Fulton Police, A False Sense of Security?

In recent years, Georgia has taken great steps on implementing alternative medical treatments, especially the extension of the Low-THC Oil Registry. Thousands of people currently have legal possession of medical cannabis cards and can legally buy and use specific cannabis products for certain medical conditions throughout the state. Meanwhile, the legal hemp market, including all its products such as CBD and Delta-8, has literally grown out of control. Being able to own these items is seen as a safe thing to do for many of the wealthier northern suburbs (Alpharetta, Roswell and all of Cobb County). But, the legal right to have medical marijuana has unfortunately led to a massive false sense of security with regard to driving.

The slippery spot is how much of a difference there is between possession in your medicine cabinet and bloodstream when you’re behind the wheel of the car. It’s very easy for many drivers to confuse the laws governing alcohol with those of medical cannabis. Most adults know they can have one drink at dinner and drive home as long as they don’t exceed the legal limit for blood alcohol concentration (BAC), which is 0.08 percent for most adults. A legal tolerance is built-in. THC in the state of Georgia is NOT that way!

Georgia Code sec. 40-6-391 makes a fundamental distinction between drug impairment and alcohol impairment. The State of Georgia has two types of driving under the influence (DUI) laws: DUI Per Se and DUI Less Safe. Under DUI Less Safe, the only requirement is for an officer to have a reasonable suspicion that the drug you took reduced your ability to drive as safely as you would without the drug. They are not making this arrest based on a chemical test, they are relying on circumstantial evidence, such as bloodshot eyes, smell of marijuana or maybe a little delayed reaction time.

Medical cannabis patients are at the highest risk for the second standard of DUI Per Se. Georgia does not differentiate between marijuana use and impairment when it comes to traffic stops, so it doesn’t matter if you are not impaired at the moment you are pulled over if marijuana is found in your blood or urine you will be arrested. THC metabolites stay in your system for days or weeks and you can take a drug on Friday night, drive to the grocery store on Tuesday morning, appear fine and be legally arrested with a DUI.

Showing your Low-THC Oil Registry card when you are stopped by the Alpharetta Police, Roswell Police, or Cobb County Police is no get-out-of-jail-free card. In fact, giving that medical card to an officer at the time of your driver license issuance is sometimes the very proof that the officer requires to launch a DUI investigation. When you present the card, you are repeatedly affirming with law enforcement that you use THC products on a regular basis. The officer will immediately move his attention from the reason for the traffic stop, whether it be a broken taillight, driver failure to maintain lane, etc., to performing FSTs.

It is important to keep in mind that under Georgia law, mere lawful possession of a drug does not constitute defense against a DUI charge. The courts have consistently struck down any claims in the past that a medical marijuana card provides any immunity from prosecution for driving while under the influence of marijuana. The consequences of a marijuana DUI are identical to an alcohol DUI, and include heavy fines, hundreds of hours of community service, mandatory probation, jail time, and a long license suspension from Georgia.

Attorney defense is necessary when charged with a DUI for legally acquired medical marijuana or hemp products. Often, the only way to challenge these complicated cases depends on attacking the validity of the state blood testing procedure and the subjective observations made by the arresting officer at the scene, according to James Yeargan Atlanta DUI Lawyer. To successfully defend against these claims, one has to attack this assumption that just being positive for the THC metabolites is equivalent to being impaired as a driver, especially if the patient uses the low-THC oil every day as part of a medical regimen and has achieved a high biological tolerance to it.

Charges are increasing in North Fulton and Cobb County and residents need to be extra alert to the dangers of operating a vehicle. Authorities from the jurisdictions are well-funded, well-trained in drug recognition and are on the lookout for impaired drivers. Don’t think that your medical THC card makes you legal. The best way to do this is to maintain a long window of time between your consumption of legal cannabis products and when you’re ready to drive.