Yes, you can be charged with a DUI for marijuana in Georgia, and in some ways it is harder to beat than an alcohol DUI. Under O.C.G.A. § 40-6-391, driving while impaired by marijuana is illegal regardless of whether you have a medical card or how much you consumed. There is no legal THC limit the same way there is a 0.08% BAC limit for alcohol. Any amount of impairment can be enough. And because proving marijuana impairment is more subjective than proving a BAC, these cases are also more defensible with the right attorney.
Marijuana DUI cases in Georgia are built differently than alcohol DUI cases, and that cuts both ways. Kim Keheley Frye holds the ACS-CHAL Forensic Lawyer-Scientist designation and has spent years challenging DUI evidence in Marietta and Cobb County courtrooms.
Our team at Frye Law Group knows the pressure points in these cases because we have seen them from both sides of the courtroom. Below we break down what you are actually up against.
How Georgia Law Defines DUI for Marijuana in Georgia
Under O.C.G.A. § 40-6-391(a)(2), it is illegal to drive while impaired by any drug, including marijuana, to the point that you are a less safe driver than you would be without it.
But Georgia goes further than that. Under O.C.G.A. § 40-6-391(a)(6), you can also be charged with DUI simply for having any detectable amount of marijuana or its metabolites in your blood or urine even if you were not impaired at the time you drove.
There is no legal THC limit the same way there is a 0.08% BAC limit for alcohol, which means the state does not need to prove how high you were. Under the per se provision, the presence of marijuana metabolites alone is enough, and those metabolites can remain in your system for weeks after you last used cannabis, long after any actual impairment has worn off.
The Difference Between Impairment and Metabolites
If the state charges you under the “less safe” provision, they must prove you were actually impaired at the time of driving. That requires evidence, like field sobriety test results, officer observations, driving behavior, and chemical test results. These can all be challenged.
If the state charges you under the “per se” provision based on metabolites in your blood or urine, they do not need to prove actual impairment. The presence of metabolites alone is enough, even if you used marijuana days or weeks earlier and were completely sober when you drove.
This is why what you agree to or refuse at the time of a traffic stop matters so much.
What Happens If You Are Pulled Over
Georgia is an implied consent state. By driving on Georgia roads, you have given implied consent to submit to chemical testing if you are lawfully arrested for DUI.
If an officer suspects marijuana impairment, they may request a blood or urine test. You have the right to refuse, but refusal triggers an automatic license suspension and can be used as evidence against you in court.
If you do submit to testing:
- A blood test can detect active THC as well as metabolites
- A urine test will detect metabolites but tells prosecutors very little about when you consumed marijuana or whether you were impaired at the time
The most important thing to know: do not submit to field sobriety tests or make statements about marijuana use before speaking to an attorney. The observations an officer records during a traffic stop form the foundation of the “less safe” impairment case against you.
Why Marijuana DUI Cases Are More Defensible Than You Think
Because there is no established THC limit in Georgia and no scientifically validated roadside test for marijuana impairment, the state’s case often rests heavily on:
- The arresting officer’s subjective observations
- Field sobriety test results, which are designed for alcohol impairment and have limited validity for cannabis
- Chemical test results showing metabolites which do not prove impairment
Kim Keheley Frye holds the ACS-CHAL Forensic Lawyer-Scientist designation from the American Chemical Society, which means she understands the science behind blood and urine testing well enough to challenge it on its own terms. In marijuana DUI cases, where the testing itself is often the main evidence against you, that special insight is crucial.
Does Having a Medical Marijuana Card Protect You?
No. Georgia’s medical cannabis law, the Haleigh’s Hope Act, allows certain patients to possess low-THC oil, but it provides no protection against a DUI charge. If you are impaired while driving, a medical card is not a defense under Georgia law.
Talk to a Marietta Marijuana DUI Attorney
A marijuana DUI charge in Georgia is not a minor traffic matter. Between the per se metabolite provision, the lack of a legal THC limit, and the hard license suspension that comes with a conviction, the stakes are real. But the science behind how these cases are built is genuinely challengeable.
Frye Law Group was founded by a former prosecutor who has spent years on both sides of DUI cases in Cobb County courtrooms. We know how the state builds marijuana DUI cases, what the evidence actually shows, and where to find the weaknesses. Check out our wins, then contact us today for a free case evaluation. The earlier we get involved, the more we can do to protect you.
Frequently Asked Questions About Getting a DUI for Marijuana in Georgia
1. Can you get a DUI for marijuana in Georgia?
Yes. Under O.C.G.A. § 40-6-391, driving while impaired by marijuana is illegal in Georgia and driving with any detectable amount of THC metabolites in your blood or urine can also support a charge even if you are not actually impaired. Frye Law Group handles marijuana DUI cases throughout Marietta and Cobb County.
2. Is there a legal THC limit for driving in Georgia?
No. Unlike alcohol, Georgia has no legal THC limit. The state can charge you under the “less safe” standard, proving you were impaired, or under the “per se” standard, which only requires detectable THC metabolites in your system. Metabolites can remain in your system for weeks after use.
3. Do I have to submit to a blood or urine test if pulled over for a marijuana DUI in Georgia?
Under Georgia’s implied consent law at O.C.G.A. § 40-5-55, you have consented to chemical testing by driving on Georgia roads. You may refuse, but refusal triggers an automatic license suspension and can be used against you in court. Do not make this decision without speaking to an attorney first. Contact Frye Law Group immediately after a stop.
4. Does a Georgia medical marijuana card protect me from a DUI charge?
No. A medical cannabis card provides no defense to a DUI charge under Georgia law. Under O.C.G.A. § 40-6-391(b), the fact that you were legally entitled to use a drug is not a defense. What matters is whether you were impaired while driving. If you hold a low-THC oil registry card under Georgia’s Haleigh’s Hope Act and were stopped for DUI, you still face the same charges as anyone else.
5. How is a marijuana DUI different from an alcohol DUI in Georgia?
The penalties are largely the same, but a marijuana DUI carries a hard license suspension with no limited permit option during the suspension period. The evidence used to prove impairment is also different, because there is no breathalyzer for cannabis. So the state relies on officer observations, field sobriety tests, and blood or urine test results. For more on DUI penalties.
6. Can a marijuana DUI charge be beaten in Georgia?
Yes, in many cases. Because there is no established THC impairment threshold and the science behind cannabis testing is genuinely contested, marijuana DUI cases offer real opportunities for challenge. Field sobriety tests were designed for alcohol, not cannabis. Metabolites in a blood or urine test do not prove impairment at the time of driving. Kim Keheley Frye holds the ACS-CHAL Forensic Lawyer-Scientist designation and can challenge the underlying science of these tests.
7. Can marijuana DUI test results be challenged in Georgia?
Yes. Blood and urine test results in marijuana DUI cases can be challenged on scientific and procedural grounds, including chain of custody, lab procedures, and the distinction between active THC and metabolites. Read our blog about fighting blood alcohol test results for more on how chemical test challenges work.