Can You Drive While High in Indiana?

    In: Criminal Law, Drug Cases, OVWI/DWI, Uncategorized

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Flag with a marijuana plant

Can You Drive While High in Indiana? The Marijuana Defense

Currently, the Marijuana Defense is not available in Indiana.
The Marijuana Defense. Marijuana is not legal to consume in Indiana, but it is in neighboring states. However, Indiana is moving closer to providing a defense for drivers with marijuana in their system.  If passed, the law will not legalize driving while high but will protect drivers under certain conditions.

People in other states can consume marijuana legally, but as soon as they enter Indiana, if they drive on the roads, they are per se operating a vehicle while intoxicated (OVWI) because of the marijuana in their system.

Arrested for OVWI

The police will arrest drivers, and the prosecutor will charge them with OVWI. The drivers may not even be impaired, but under the current law, they would be charged.  If the new law is passed, it provides a defense for drivers that used marijuana on a different day.  However, if police document signs of impairment, the defense will not be available for drivers who test positive for the substance.  If there is no proof that the driver is impaired, the driver should not be arrested or charged.  Apparently, they are trusting the police to document the signs or lack of signs of impairment accurately.

In Indiana, the Republican legislative leaders are not interested in legalizing marijuana this session, but they hope this bill stops innocent people from being punished for marijuana in Indiana.

The bill passed 11-0 and will now go to the House floor for consideration.

Source: FOX59

If the law passes, then there will be a driving defense for getting stopped by the police, and being arrested with THC in your blood system.  If you are accused of driving while intoxicated or possessing marijuana, please contact an experienced marijuana defense attorney at the Law Office of Mark Nicholson at 317-667-0718.