Last verified: March 2026
Medical Patients Are Not Exempt
A valid medical marijuana card does not provide a defense to driving under the influence of weed in Florida. Under §316.193, it is illegal to drive or be in actual physical control of a vehicle while impaired by any substance, including lawfully prescribed medical marijuana. The law focuses on impairment, not legal status of the substance.
How Florida Enforces Cannabis DUI
Florida uses an impairment-based standard for cannabis DUI. There is no per se THC blood limit (unlike the 0.08 BAC standard for alcohol). Instead, officers rely on observed impairment, field sobriety tests, and Drug Recognition Expert (DRE) evaluations. If an officer suspects impairment, they may request a urine or blood test.
Implied Consent
By operating a motor vehicle in Florida, you consent to chemical testing if an officer has probable cause to believe you are impaired. Refusing a chemical test results in an automatic one-year license suspension for a first refusal and an 18-month suspension for subsequent refusals. Refusal can also be introduced as evidence at trial.
Penalties for Cannabis DUI
| Offense | Fine | Jail/Prison | License Suspension |
|---|---|---|---|
| First DUI | $500–$1,000 | Up to 6 months | 180 days–1 year |
| Second DUI | $1,000–$2,000 | Up to 9 months | 180 days–1 year (5 years if within 5 years) |
| Third DUI (within 10 years) | $2,000–$5,000 | Up to 12 months | Up to 10 years |
| Fourth+ DUI | Up to $5,000 | Up to 5 years (felony) | Permanent revocation |
Open Container Legislation (HB 1003)
As of the 2026 legislative session, HB 1003 proposes to prohibit open cannabis containers in motor vehicles, similar to open container laws for alcohol. Patients should keep all medical marijuana products in their original, sealed dispensary packaging while transporting them in a vehicle.
Practical Advice for Patients
A medical card is not a license to drive under the influence. Wait until cannabis effects have fully subsided before operating a vehicle.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org