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Marijuana DUI- What is a level of THC Delta 9 that is considered high or a level of impairment in the eyes of the law? 1st DUI

Fresno, CA |

I only had THC in my system, as I am permanently disabled and have a medical marijuana card. No other substances. Driving pattern was good (not stopped for erratic driving).

No odor of marijuana, nor possession of any in vehicle.

I gave blood. Can someone please give me a scale of levels vs. impairment, etc.

When I get results, I want to know what they mean in layman's terms.

Thank you.

They are offering a "Wet Reckless" but that is pretty much the same as "DUI." I had drunk some marijuana tea at 8 am and got pulled over at 1 am the next morning. I was in no way impaired or influenced by the marijuana, and I use it regularly for medical reasons. Due to liver-damaging prescription pills that I have been taking since 1998, my doctor advised the alternative pain alleviation of medical marijuana. I had been using since April 2011 and was cited in September of 2011, so I’m sure it was in my system, but I was not affected by the use from approximately 17 hrs prior to stop. This is ludicrous for them to try to enact the law this way. They are currently trying to enact a law of NO TOLERANCE but at this time it is not so. With the way they are pursuing my case, they think they can take the law into their own hands and charge me as if it were already so. I will take it to trial regardless. Do Public Defenders really work for you, or do they side with the D.A. as they are also county employees?

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Attorney answers 4


Blood THC levels do not correlate to a level of impairment in the way that alcohol does. Numerous factors apply and, while the prosecution may produce a Department of Justice toxicologist that will testify that high THC levels in the blood correlate with impairment, there are numerous studies that cast doubt on such claims, particularly for heavy users.


Knowing what they mean won't necessarily help you. Depending on any priors and circumstances surrounding the arrest, you may be able to get the charge reduced.

Any information provided through in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


Laws vary from state to state, but in general, operating under the influence of drugs does not require a certain level being present in the blood. It is the fact of their being present at all.


Asking what level of Delta 9 equates to impairment is a very loaded question, because different experts will testify to the fact that different levels may cause impairment in different subjects.

For example, some experts will testify that most people are impaired at a .05% blood alcohol level, while, others will say it's more like .07-.08%, but they all agree that .20% would be "impaired for the purposes of driving."

To be sure, you'd need a blood split to verify the levels and an expert to look over the levels and the case.