Q: Can I get a DUI in Tennessee for marijuana even though it’s legal in some states?
A: Yes. Even though marijuana may be legal in other states, Tennessee law does not legalize recreational marijuana—and driving under the influence of marijuana is illegal.
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What Tennessee Law Says About Marijuana and DUI
Tennessee Code Annotated §55-10-401 makes it illegal to drive under the influence of “any intoxicant, marijuana, controlled substance, drug, or combination thereof” if it impairs your ability to safely operate a vehicle.
This means you don’t have to be “stoned” or visibly high to be arrested. If an officer believes your ability to drive safely is impaired by marijuana, that can result in a DUI arrest and charge.
How Much Marijuana Can You Consume and Still Drive in Tennessee?
Unlike alcohol, where Tennessee uses a 0.08% BAC limit, there’s no legal limit or “safe” threshold for THC (the psychoactive substance in marijuana). Any amount that impairs you mentally or physically can lead to a DUI arrest.
We tell our clients: If you use it, don’t drive. The effects of marijuana vary widely from person to person, and officers are trained to recognize signs of impairment that may not show up on a blood test.
How Long Should I Wait After Using Marijuana to Drive?
There’s no one-size-fits-all answer. Factors like your metabolism, the strain of marijuana, and how it was consumed (smoked vs. edible) affect how long impairment lasts.
Some research suggests THC impairment can last up to 24 hours. In Tennessee, if you’re “under the influence,” you can be arrested, whether it’s 30 minutes or 12 hours after consumption.
Can Officers Test for Marijuana Impairment in Tennessee?
Yes, but the process is complex:
- Standard Field Sobriety Tests (SFSTs) like the Walk-and-Turn or One-Leg Stand
- Drug Recognition Evaluations (DRE) conducted by specially trained officers
- Blood tests, which can show active THC
Tennessee doesn’t rely on urine tests like some states do because they don’t indicate current impairment. Blood is preferred, especially when a warrant is obtained.
Do I Have to Consent to a Blood or Urine Test?
Tennessee has an Implied Consent Law (§55-10-406). Refusing a blood or breath test can result in an additional charge and a license suspension, even if you’re not ultimately convicted of DUI.
We always advise you to politely refuse to give blood. Yes it most likely will result in an additional charge of Implied Consent but they won’t have damning evidence if you were very intoxicated from the marijuana.
It helps your case if you refuse and the officer doesn’t get a warrant to obtain your blood anyway. However, in many cases, officers will obtain a search warrant for your blood regardless of your consent.
What Happens If I’m Arrested for Marijuana DUI?
You face the same penalties as an alcohol-based DUI:
- Mandatory jail time (48 hours minimum for first offense)
- Loss of your driver’s license (1 year for first offense)
- Fines and court costs
- Probation and required classes
- Installation of an Ignition Interlock Device (IID)
Can I Be Charged Even If I Used Marijuana the Day Before?
Yes. If any active THC is detected and the officer believes you’re impaired, that’s grounds for arrest. In Tennessee, the law does not require you to be intoxicated—only adversely affected in a way that impacts your ability to drive.
Can I Legally Possess Marijuana in Tennessee?
No. Recreational marijuana is not legal in Tennessee. Even possession of a small amount can lead to misdemeanor charges, fines, and jail time. Medical marijuana laws are limited and do not protect you from DUI charges.
What Should You Do If You’re Facing a Marijuana DUI in Tennessee?
- Don’t wait to get help. Hire an experienced DUI lawyer who knows Tennessee courts.
- Avoid giving consent for searches or tests without legal advice.
- Do not admit to using marijuana. What you say will be used against you.
At Nash Law, PLLC, we’ve helped hundreds of clients fight marijuana DUI charges across Tennessee. We understand how prosecutors build these cases, and we know how to take them apart.
We help great people fight their DUIs.
Call 615-NASH-LAW today for your free Strategy Session. We’ll explain your options and help you decide the smartest path forward.
