Minnesota made history by legalizing recreational cannabis, but many drivers are finding themselves in a “legal gray area” that can lead to life-altering criminal charges. At Refuge Legal, we’ve seen an increase in motorists who believe that because a substance is legal to possess, it is safe to drive after consumption.
The reality? The line between personal freedom and a Driving While Impaired (DWI) charge is thinner than ever.
The “Legal” Misconception
In Minnesota, the law is clear: It is illegal to operate a motor vehicle while under the influence of THC. Unlike alcohol, where there is a widely recognized “0.08” limit, there is no equivalent, universally accepted threshold for THC in the bloodstream that proves impairment.
This means a police officer can arrest you based on “observed impairment,” which is often subjective. Factors like red eyes, the smell of burnt marijuana in the car, or a minor swerve can be used as evidence against you.
Why THC Cases are Different
Testing for THC is significantly more complex than testing for alcohol.
- Detection Window: THC can remain in your system for days or even weeks after use, long after the psychoactive effects have worn off.
- Subjective Testing: Roadside “sobriety tests” were originally designed for alcohol. Applying them to cannabis often leads to inaccurate results.
- Blood vs. Reality: A positive blood test shows presence, not necessarily active impairment at the time of driving.
Your Shield in the Courtroom
At Refuge Legal, our partners Luke McClure and Tyler Martin bring a strategic advantage to these cases. With Luke’s background in law enforcement and Tyler’s analytical approach to criminal law, we know exactly where the state’s evidence tends to be weakest.
We don’t just accept the officer’s report. We challenge the validity of the traffic stop, the reliability of the chemical tests, and the training of the officers involved.
“Veritas Liberabit Vos” – The Truth Matters
If you are facing a “Stoned or High Driving” charge in Hennepin, Ramsey, or any of the surrounding 100-mile counties, do not navigate this alone. Under Psalm 91:4, we strive to be your refuge—providing a shield of truth and a firm defense when your freedom is on the line.
¿Enfrentas cargos por conducir bajo los efectos del cannabis? No dejes que una confusión legal arruine tu futuro. Hablamos tu idioma y conocemos el sistema de Minnesota de punta a punta.