How Much Marijuana Can You Legally Drive With in Virginia?

Driving under the influence of marijuana is a hot-button issue across the United States, and Virginia is no exception. With the legalization of recreational cannabis in 2021, the state has faced new challenges in regulating impaired driving. But how much marijuana can you legally have in your system while driving in Virginia? The answer isn’t as straightforward as you might think.

Virginia’s Marijuana Laws: A Quick Overview

Before diving into the specifics of driving with marijuana, it’s important to understand Virginia’s current cannabis laws.

Recreational Use

Since July 1, 2021, adults 21 and older in Virginia can legally possess up to one ounce (28 grams) of marijuana for personal use. However, public consumption remains illegal, and driving under the influence is strictly prohibited.

Medical Marijuana

Virginia’s medical marijuana program allows registered patients to purchase and use cannabis products with a doctor’s recommendation. However, even medical users are not exempt from DUI laws.

The Legal Limit for THC While Driving

Unlike alcohol, which has a clear legal limit of 0.08% BAC (blood alcohol concentration), marijuana impairment is harder to measure. Virginia law does not specify a precise THC limit for drivers. Instead, the state follows a "per se" law, meaning any detectable amount of THC in your system could result in a DUI charge.

What Does "Per Se" Mean?

A "per se" DUI law makes it illegal to drive with any amount of a prohibited substance in your blood. In Virginia, this includes:

• Delta-9 THC (the psychoactive compound in marijuana)
• Synthetic cannabinoids

Even trace amounts from consumption days earlier could theoretically lead to a DUI arrest.

How Police Test for Marijuana Impairment

Law enforcement uses several methods to determine if a driver is under the influence of marijuana:

1. Field Sobriety Tests (FSTs)

Officers may conduct standard tests like:
- Horizontal Gaze Nystagmus (HGN)
- Walk-and-Turn
- One-Leg Stand

While these tests are designed for alcohol, officers may use them to assess impairment from marijuana.

2. Drug Recognition Experts (DREs)

Virginia State Police employ specially trained Drug Recognition Experts (DREs) who evaluate drivers for drug impairment through a 12-step process, including:
- Pupil examination
- Blood pressure checks
- Muscle tone evaluation

3. Blood Tests

If an officer suspects marijuana use, they may request a blood test. Unlike breathalyzers for alcohol, there’s no roadside THC test. Blood tests can detect THC metabolites, but they don’t always correlate with impairment.

The Problem with THC Testing

One major issue with marijuana DUI enforcement is that THC stays in the system long after its effects wear off.

• Occasional users: THC may be detectable for 1-3 days.
• Regular users: THC can remain in the blood for weeks or even months.

This means a driver could test positive for THC without actually being impaired at the time of driving.

Penalties for Marijuana DUI in Virginia

If convicted of a marijuana-related DUI in Virginia, penalties can be severe:

First Offense

• Up to 1 year in jail
• Fine of up to $2,500
• Driver’s license suspension for 1 year

Second Offense

• Mandatory minimum 20 days in jail
• Fine up to $2,500
• License suspension for 3 years

Third Offense (Felony)

• Mandatory minimum 90 days in jail
• Fine up to $2,500
• Indefinite license revocation

How to Avoid a Marijuana DUI

Given the strict laws, here are some tips to stay safe:

1. Don’t Drive High

Even if you feel fine, THC can impair reaction time and judgment.

2. Wait Before Driving

If you’ve consumed marijuana, wait at least 6 hours before driving—longer if you’re a frequent user.

3. Know Your Rights

You can refuse a blood test, but doing so may result in an automatic license suspension under Virginia’s implied consent law.

The Future of Marijuana DUI Laws

As cannabis legalization spreads, states are grappling with how to fairly enforce DUI laws. Some possible future developments include:

1. Standardized THC Limits

A few states (like Colorado and Washington) have set a 5 ng/mL THC blood limit for DUIs. Virginia may eventually adopt a similar standard.

2. Better Impairment Testing

New technologies, like saliva-based THC tests, could provide more accurate roadside assessments.

3. Public Education

More awareness campaigns may help reduce stoned driving incidents.

Final Thoughts

Driving with marijuana in your system in Virginia is risky. While the state doesn’t have a set THC limit, any detectable amount could lead to a DUI charge. Until clearer laws and better testing methods emerge, the safest choice is to avoid driving after consuming cannabis. Stay informed, stay safe, and always prioritize responsible use.