03/12/2026
Public Information Post: Ma*****na and Driving Under the Influence
Our office has seen an increase in DUI cases involving ma*****na. With the creation of Mississippi’s medical cannabis program, it is important for the public to understand how Mississippi law applies to driving after using ma*****na or other controlled substances.
First, ma*****na DUI is real and it is illegal. Mississippi law makes it unlawful for a person to operate a motor vehicle while under the influence of any drug or controlled substance.
Many people believe DUI laws only apply to alcohol or that there must be a specific THC level similar to the .08 BAC standard for alcohol. That is not how the law works.
Under Mississippi law, a person is considered "under the influence" when a substance has affected them in a way that "lessens their normal ability for clarity, judgment, and control while operating a vehicle."
In ma*****na DUI cases, impairment is typically determined through the totality of the circumstances, which may include:
• Driving behavior observed by law enforcement
• Physical indicators such as bloodshot eyes, slowed reactions, or balance issues
• Statements made by the driver
• Field sobriety testing
• The odor or presence of ma*****na
• Toxicology testing when available
Mississippi courts have repeatedly held that these types of observations may be used to determine whether a driver was under the influence of ma*****na.
It is also important to understand that urinalysis and/or toxicology testing can confirm exposure to ma*****na but, does not always show when the substance was consumed or whether the driver was impaired at that exact moment, which is why officer observations and other evidence are often important in these cases.
Finally, the Mississippi Medical Cannabis Act did not make it legal to drive while under the influence of ma*****na. The law specifically states that DUI laws still apply even when ma*****na is being used legally for medical purposes if it impairs a person’s ability to operate a motor vehicle. (Miss. Code Ann. 63-11-30(15))
The same principle applies to many prescription medications that can impair a person’s ability to drive safely.
Driving under the influence of any substance places everyone on the road at risk. Our office remains committed to enforcing Mississippi’s DUI laws to protect the safety of our community.
If you choose to use ma*****na—whether recreationally in another state or legally through Mississippi’s medical cannabis program—do not drive while under its influence.
Public safety on our roadways depends on it.
