Florida’s cannabis system often creates confusion for drivers throughout Miami. Recreational marijuana remains illegal statewide, while medical cannabis is tightly regulated through the Office of Medical Marijuana Use (OMMU). Many residents assume that the medical-only model offers some type of protection on the road. It does not.
Whether cannabis came from a licensed medical dispensary or an illegal recreational source, driving while impaired remains a criminal offense under Florida law.
Below is what Miami drivers need to know about DUI risk under the state’s current medical-only framework.
Medical Marijuana Is Legal—Impaired Driving Is Not
Florida’s constitution allows qualifying patients to purchase cannabis through licensed Medical Marijuana Treatment Centers (MMTCs). A valid medical card grants the right to possess and use cannabis for treatment, but it does not create special privileges for operating a vehicle.
The state’s DUI statute makes this clear: any driver who operates a vehicle while under the influence of a controlled substance to the point of impaired “normal faculties” can face a DUI charge. Marijuana remains a controlled substance, even for registered patients.
This means a patient can legally purchase cannabis from a Miami dispensary, store it, and use it at home—but the moment consumption affects driving ability, the medical status no longer matters. The police look at impairment, not patient ID cards.
No THC Limit Despite Legal Medical Use
Some medical patients believe their doctor’s recommendation provides a window of acceptable THC levels. Florida law sets no THC limit for drivers. There is no equivalent to the 0.08 BAC rule used for alcohol.
Officers evaluate:
- Driving behavior
- Speech, coordination, and response time
- Physical signs such as eye redness or slowed movements
- Field sobriety exercises
- Drug Recognition Expert evaluations
- Blood or urine results that show THC presence
Medical authorization does not change how these observations are interpreted. If impairment appears, a DUI charge becomes likely.
Why Medical Patients Face Higher Risk Without Realizing It
The medical-only system encourages consistent, often daily use for pain, neurological disorders, PTSD, and other qualifying conditions. Daily use means THC remains in the body longer, even during periods without consumption.
This can create three problems:
- Residual impairment: Even small amounts of recent use might affect reaction time.
- Visible signs: Patients with chronic use may show cannabis-related physical cues more often.
- Positive test results: THC can appear long after the last dose, encouraging officers to look more closely at behavior and performance.
None of these guarantee a DUI, but they increase scrutiny during a traffic stop.
Penalties Remain Serious for Medical and Non-Medical Drivers
A marijuana-related DUI carries the same penalties as an alcohol-related DUI, regardless of patient status. A first offense often includes:
- Fines around $500–$1,000
- Up to six months in jail
- Mandatory license suspension for at least 180 days
- DUI school and possible probation
- Vehicle impoundment
- Community service
Refusing chemical testing triggers an automatic suspension under Florida’s implied-consent rule.
Civil Citations in Miami-Dade Don’t Affect DUI Rules
Miami-Dade’s civil citation program reduces criminal penalties for small possession amounts. However, this reform does not apply to impaired driving. DUI enforcement is statewide, and medical patients face the same consequences as recreational users.
The Bottom Line for Miami’s Medical Patients
Legal medical cannabis helps thousands of Miami residents manage health conditions. Even so, driving after consumption carries real legal risk. The safest approach: wait until full sobriety returns, use a rideshare service, or designate a sober driver.
