If you’ve just been pulled over for being high in Missouri, you’re not alone and you’re not without options. With marijuana now legal for recreational use, many drivers assume DUI laws only apply to alcohol. But Missouri law still takes driving under the influence of cannabis very seriously - even if you weren’t actually impaired.
Whether you smoked earlier that day or haven’t touched weed in weeks, the presence of THC in your system could lead to a marijuana DUI charge. That’s why knowing your rights and what to do next is absolutely critical.
Missouri Marijuana DUI Laws: What You Need to Know
In Missouri, there’s no legal THC limit like there is for alcohol (.08 BAC). Instead, officers rely on subjective observations like:
- Bloodshot eyes
- Slow responses
- The smell of marijuana
- Poor performance on field sobriety tests
- Admission of prior cannabis use
These signs can all be used to claim impairment, even without hard proof you were high at the time.
Under Missouri law (RSMo § 577.010), being in an “intoxicated condition” from any substance including legal marijuana — can result in a DWI (Driving While Intoxicated) charge.
What Happens If You’re Convicted of Driving While High?
A first-time marijuana DUI in Missouri is a Class B misdemeanor, punishable by:
- Up to 6 months in jail
- A $500 fine
- 30-day license suspension
Repeat offenses bring harsher consequences including felony charges, higher fines, and longer suspensions.
What to Do If You’re Pulled Over for Being High in Missouri
Here’s exactly what to do if you’re stopped and accused of being high:
1. Stay Calm & Composed
Keep your hands visible. Be polite but firm. Don’t volunteer information.
2. Don’t Admit to Using Cannabis
Even saying “I smoked earlier” can be used as evidence - avoid it.
3. You Can Refuse Field Sobriety Tests
Field sobriety tests (like walking a line or standing on one leg) are optional in Missouri. And they’re often unreliable for detecting drug impairment.
4. Think Carefully About Chemical Testing
Refusing a blood or urine test triggers Missouri’s Implied Consent Law, leading to:
- A 1-year license revocation, and
- A possible administrative DWI charge
But a positive test only proves THC presence not that you were impaired. Your lawyer can help weigh the pros and cons based on your situation.
5. Ask for a Lawyer Immediately
Say, “I want to speak to an attorney.” Then stop answering questions until your lawyer is present.
6. Document Everything
Write down the details afterward: time, location, what the officer said, tests performed, and anything unusual. This could help build your defense.
Why These Charges Are Often Defensible
Because THC stays in your system for days or even weeks, you can test positive long after any effects have worn off. Many marijuana DUI cases in Missouri are beatable, especially when:
- No field sobriety or chemical test was done
- Officers relied on weak or subjective signs
- There was no clear evidence of impaired driving
- You weren’t actually high at the time
A skilled Missouri marijuana DUI lawyer can challenge the officer’s observations, the legality of the stop, and the validity of any tests.
Bottom Line: Don’t Face a Marijuana DUI Alone
If you’ve been pulled over for being high in Missouri, even when you weren’t actually impaired, you could still be facing serious charges. But you also have rights and with the right legal strategy, you may be able to avoid a conviction entirely.
Contact me if you need a Missouri DUI defense lawyer. I understand the science and law around cannabis and know how to protect your future.
Facing a DUI Charge? Take Action Now.
You don’t have to go through this alone. If you were pulled over for suspected marijuana use while driving, get in touch today for a confidential case review and clear next steps.
