Key Takeaways
- In Georgia, you can be arrested for DUI marijuana even if you’re not currently high—any amount of THC in your system can lead to charges.
- The state does not require proof of impairment; THC metabolites in a blood or urine test are enough for a “per se” DUI.
- Medical marijuana cardholders have limited protections and can still face DUI charges.
- Marijuana DUI cases are legally complex, and penalties mirror those of alcohol DUI—license suspension, fines, probation, and jail time.
- An experienced DUI attorney can challenge the charge by disputing test results, arguing lack of impairment, or attacking procedural flaws.
Is it illegal to drive with marijuana in your system in Georgia?
Yes. Georgia criminalizes driving with any THC in your system—even if you’re not impaired. The law distinguishes between two charges:
- DUI per se: Driving with any detectable THC.
- DUI less safe: Driving while impaired due to marijuana use.
No threshold is required like with alcohol. If THC is detected in your system during a traffic stop, you could be charged.
How is DUI marijuana tested and proven in Georgia?
Police use blood or urine tests to detect THC. However:
- THC stays in the body long after impairment fades, especially for regular users.
- Field sobriety tests are subjective and unreliable.
- Unlike alcohol, there’s no “legal limit” for marijuana.
Officers often rely on circumstantial evidence like red eyes, odor, or slow responses, even if no active impairment is present.
Are medical marijuana patients treated differently?
Somewhat—but not enough to protect you from a DUI:
- Georgia allows use of low-THC oil for medical cardholders.
- Still, THC in your blood can lead to a DUI charge.
- The law does not exempt medical users from prosecution.
Your defense may hinge on proving you weren’t impaired and used the substance legally, but it’s not automatic protection.
What are the penalties for DUI marijuana in Georgia?
Penalties match those of alcohol DUIs. For a first-time offense, you could face:
- Up to 12 months probation
- Minimum 24 hours jail (up to 12 months)
- Fines up to $1,000
- Community service (minimum 40 hours)
- Mandatory DUI education course
- License suspension
Repeat offenses bring harsher consequences—more jail time, mandatory treatment, and longer license suspension periods.
Can I fight a marijuana DUI charge in Georgia?
Yes. Common legal defenses include:
- No proof of actual impairment
- Improper or outdated blood/urine testing
- Lack of probable cause for the stop
- Medical marijuana use without signs of impairment
A skilled DUI defense lawyer can review the evidence and challenge every point in the state’s case.
Get Help from a Georgia DUI Defense Lawyer
If you’ve been charged with DUI for marijuana in Georgia—whether you’re a medical user or not—you need a law firm that understands the stakes. Hines Law offers strategic DUI defense with bilingual support for Georgia’s Hispanic community.
We serve clients throughout Cobb County, Fulton County, Dekalb County, Clayton County, Gwinnett County, and Hall County.
Request a free case evaluation — call 404-226-4236 or contact us online.
FAQ
Can I be arrested for DUI marijuana even if I used days ago?
Yes. Georgia law allows for DUI charges if THC is still detectable—even if you’re no longer impaired.
How long does marijuana stay in your system?
THC can remain in blood for days and in urine for weeks, especially for frequent users.
Is a Georgia medical marijuana card a defense?
No. It may help your case, but it doesn’t prevent DUI charges.
Will a marijuana DUI affect my immigration status?
Yes. Drug-related DUIs can have serious consequences for non-citizens.
Can my license be suspended for DUI marijuana?
Yes. Even first-time offenders typically face license suspension.