What’s the Legal Limit for Marijuana while Driving in Wisconsin?
Strict Liability Law against Impaired Driving Under the Influence of Marijuana
Marijuana is illegal in Wisconsin. This means there is no “legal limit” for driving purposes, as there is for alcohol. If you have any THC in your bloodstream, you can be convicted of an OWI in Wisconsin. Remember, though: You Are Only Guilty If You Are Convicted.
Only six states have implemented a legal limit for THC and its metabolites in the blood: Colorado, Montana, Nevada, Ohio, Pennsylvania, and Washington. In Colorado, Montana, and Washington, the limit is 5 ng/mL; in Nevada and Ohio, it is 2 ng/mL; and Pennsylvania rides alone at 1 ng/mL.
The ONLY Exception to the Rule on OWI with Restricted Controlled Substances
Wisconsin is a zero tolerance state, which means any detectable amount of restricted controlled substance in the blood will be charged by the state, even 1 ng/mL. That is, unless you have a valid prescription for delta-nine THC. This is a defense to the charge of drugged driving, not a get out of jail free card. The state will likely still charge the case as an Operating While Under the Influence of a Restricted Controlled Substance, but if your attorney can show at trial that you have a valid prescription for medical marijuana, you may have a strong defense.
Obtaining a prescription after arrest is not enough. The prescription must have existed prior to the arrest and you must have been using THC as prescribed. The statute creating this exception also contemplates a defense when the driver has a valid prescription for methamphetamine and gamma-hydroxybutyric acid (GHB). Talk to your attorney about whether any of these defenses apply to your case.
Top Criminal Defense Attorneys in Milwaukee, Waukesha, Brookfield, and throughout Southeast Wisconsin
If you use medical marijuana and are charged with driving under the influence of a restricted controlled substance, you need an experienced defense lawyer on your side. The attorneys at Grieve Law have gotten charges reduced or dropped for people just like you.
Schedule a free, no-risk, no-obligation consultation to discuss whether you have a case and the best way to proceed.