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Edibles are food items that include cannabis and as a result, THC or CBD. While edibles are a more low-dose option for most people, many types of edibles come with strict guidelines including dosage amounts and warnings for reactions with medications and other substances. However, while there is a suggested serving size, people may take more than directed to have a stronger high. So, can someone get a DUI for taking an edible?

Marijuana in West Virginia

West Virginia has legalized medicinal marijuana use which means individuals who qualify for a medical card can receive controlled amounts of cannabis. According to the West Virginia Medical Cannabis Act, qualifying patients cannot consume more than three nanograms of THC per milliliter of blood.

The law also stipulates that individuals who have consumed more than three nanograms of THC could be charged with a DUI if they choose to get behind the wheel. Additionally, people who purchase marijuana or cannabis products from a dispensary that is not approved, they could face other criminal charges.

Edibles and DUIs

So, can a person be charged with a DUI if they take edibles before driving? Yes. The type or form of marijuana consumed does not dictate the crime, instead, it is the amount of cannabis consumed that dictates whether a person could face criminal charges.

Edibles contain THC and a person who abuses edibles or mistakenly consumes too much may be in an altered state of mind. Marijuana and cannabis products can make reaction times slower and cause a person to drift off or lose focus entirely.

Legal Options

If a person is accused of a drug related DUI for using edibles, they still have legal options. While the criminal justice system punishes these charges severely, with the help of an attorney a person can prevent the worst-case scenario. A qualified lawyer may provide insight and defend their client against harsher punishments.

Contact The Wagner Law Firm for more information.