Rankin County prosecutor warns of marijuana DUIs
RANKIN COUNTY, Miss. — Rankin County Prosecuting Attorney Trey Spillman is warning drivers that operating a vehicle while under the influence of marijuana remains illegal under Mississippi law, citing an uptick in DUI cases involving marijuana since the launch of the state’s medical cannabis program.
Spillman said many people mistakenly believe DUI laws apply only to alcohol or that there must be a specific tetrahydrocannabinol, or THC, level similar to the 0.08 blood-alcohol standard for alcohol-related DUIs. “That is not how the law works,” Spillman said.
Under state law, a person is considered under the influence if a substance affects their ability to safely operate a vehicle by lessening normal clarity, judgment or control. In marijuana-related cases, impairment is often determined by the totality of the circumstances, officials said.
Evidence can include driving behavior observed by officers, physical indicators such as bloodshot eyes or slowed reactions, statements by the driver, field sobriety tests, the odor or presence of marijuana and toxicology testing when available. Spillman noted toxicology can confirm exposure but may not show when the drug was used or whether the driver was impaired. The Mississippi Medical Cannabis Act does not permit driving while impaired, and the same principle applies to prescription medications that affect driving ability, officials said. Prosecutors said they remain committed to enforcing DUI laws to protect public safety.
