Can I Be Arrested for Driving Under the Influence of Marijuana in Minnesota?

Is Driving Under the Influence of Marijuana Illegal?

Though marijuana is technically legal in Minnesota, driving under the influence is not. Keep reading to learn about how a Marijuana DWI is charged and prosecuted in Minnesota, and how our expert DWI attorneys at Rogosheske, Rogosheske & Atkins, PLLC can help.

Marijuana DWIs and Minnesota’s Drugged Driving Law

Under Minnesota’s drugged driving law, a driver can be convicted of a drug DWI (also referred to as a DUI) for driving, operating, or being in physical control of a motor vehicle while under the influence of a controlled substance.

The following are considered controlled substances:

• Marijuana
• Hallucinogens
• Opiates
• Narcotics
• Depressants

Additionally, a motorist may be charged with a drugged DWI if:

• The driver does not possess “clearness of intellect and control.”
• The driver has any amount of a schedule I or II controlled substance in their body (such as heroin.)
• The driver is knowing under the influence of a “hazardous substance” which can affect the body and impair the ability to drive.
• The driver has any amount of a schedule I or II controlled substance in their body (including heroin; excluding marijuana).

How Are Drugged DWIs Charged?

If a cop pulls you over and charges you with a DWI, the same penalties that apply to a drunk driving charge will also apply to a drugged driving charge:

First Time Offenders

First-time drugged driving offenders are charged with a misdemeanor and may face 90 days in jail and/or a $1,000 fine. Additionally, drivers face a 90 day period without driving privileges.

Repeat Offenders

If you’ve already been charged with one DWI and are arrested for another, you can face even more severe consequences such as incarceration, fines, driver's license suspension, community service, and extended use of an interlock device.

Read about Minnesota’s drug crime penalties here.

Hiring a Minnesota Marijuana DWI Attorney

Pleading guilty is not your only option. If you've been charged with a drugged driving DWI, you need the skilled and aggressive defense our St. Paul DWI attorneys at Rogosheske, Rogosheske & Atkins, PLLC can provide. We explore every legal option and exhaust our resources to work toward a favorable outcome on your behalf.