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Each year, around April 20th, Michigan law enforcement sees an increase in impaired driving arrests—particularly those involving marijuana. As recreational cannabis becomes more socially accepted, many drivers mistakenly assume it’s safe or legal to drive after using it. The reality is that operating a vehicle while impaired by marijuana, even if purchased and used legally, is a serious criminal offense under Michigan law. In this article, we’ll break down how DUI laws apply to marijuana use, what happens during a 4/20 DUI arrest in Plymouth, Canton, and Northville, and what the consequences can be if charged with operating while intoxicated (OWI) by marijuana.

Michigan’s Marijuana DUI Law

In Michigan, marijuana is legal for adults aged 21 and older to use recreationally and for qualifying individuals to use medically. However, legalization did not change Michigan’s OWI law. It remains illegal to operate a vehicle while under the influence of any controlled substance, including marijuana. The relevant statute—MCL 257.625—covers impairment by alcohol, drugs, or a combination of both.

Michigan law defines impaired driving as operating a vehicle “while under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of these, to a degree that renders the person incapable of safely operating a vehicle.” This means that even if your THC level is within a typical range, if an officer or prosecutor can show that your ability to drive was affected, you can be charged.

Unlike alcohol, where a 0.08 BAC creates a clear legal limit, Michigan has no per se limit for THC. The absence of a numeric limit for marijuana means that enforcement depends heavily on officer observations, field sobriety testing, and toxicology results. Prosecutors often rely on testimony from a Drug Recognition Expert (DRE) or results from a blood test analyzed by the Michigan State Police laboratory.

Why 4/20 Weekend Sees More Marijuana-Related DUI Arrests

The weekend surrounding April 20th—known culturally as “4/20”—has become a popular time for cannabis celebrations throughout Michigan. Cities like Plymouth, Canton, and Northville are no exception. Local police often anticipate increased marijuana use around this time and are extra attentive to potential impaired driving behaviors.

Drivers may be stopped for a variety of reasons—speeding, failing to maintain lane position, or improper signaling. These seemingly minor traffic offenses can lead to an OWI investigation if an officer suspects the driver is impaired. Unlike alcohol-related stops where a portable breath test quickly measures intoxication, marijuana impairment is more subjective. Officers rely on observation and physical indicators—such as slurred speech, red or glassy eyes, delayed reaction times, or the smell of cannabis—to begin a DUI investigation.

For those arrested during 4/20 weekend, the consequences are identical to any other time of year, but law enforcement scrutiny tends to be higher. Being proactive and understanding your rights can make a major difference in how your case unfolds.

Understanding Marijuana OWI Charges in Michigan

Michigan law categorizes drug- and marijuana-related impaired driving under a few distinct charges:

  • Operating While Intoxicated (OWI): The standard charge when the prosecution claims you were impaired by marijuana or another substance to the point of being unsafe to drive.
  • Operating While Visibly Impaired (OWVI): A lesser offense that applies when your ability to operate safely was affected, but not necessarily severely impaired. This can sometimes result in reduced penalties.
  • Operating with the Presence of a Schedule 1 Controlled Substance (OWPD): This formerly applied to marijuana before legalization when any measurable level of THC in a driver’s system was a strict liability offense. Today, this per se standard no longer generally applies to lawful adult marijuana use, but the law remains strict for controlled substances.
  • Operating Under the Influence of Drugs Causing Serious Injury or Death: If an accident involves serious harm or death, the charge escalates dramatically into a felony carrying years in prison.

Each charge comes with its own set of elements that the prosecutor must prove beyond a reasonable doubt. For a standard OWI, the prosecution must show that:

  • You were operating a motor vehicle.
  • You were under the influence of marijuana.
  • Your ability to operate safely was substantially lessened as a result.

If even one element is missing, you cannot be convicted of OWI. A skilled criminal defense attorney can challenge the accuracy of blood test results, the qualifications of officers conducting drug impairment evaluations, and the interpretation of evidence purporting to show impairment.

Penalties for Driving High in Michigan

The penalties for an OWI based on marijuana are identical to alcohol-related OWI offenses. They depend on whether it’s a first offense, second offense, or third (felony) offense:

First Offense OWI (Misdemeanor)

  • Up to 93 days in jail
  • Up to $500 in fines plus court costs
  • 360 hours of community service
  • Driver’s license suspension (30 days hard suspension followed by 150 days restricted)
  • Possible ignition interlock or additional probation terms

Second Offense OWI (Within 7 Years)

  • Mandatory minimum 5 days in jail, up to 1 year
  • $200–$1,000 fine
  • 30–90 days community service
  • License revocation for a minimum of 1 year
  • Vehicle immobilization or possible forfeiture

Third Offense OWI (Felony)

  • 1 to 5 years in prison or probation with 30 days to 1 year in jail
  • $500–$5,000 fine
  • License revocation for at least 1 year
  • Vehicle forfeiture and possible felony record that cannot easily be expunged

Even a “minor” marijuana OWI has long-lasting impacts on your record, employment, and insurability. It can also affect your ability to hold a commercial driver’s license or travel internationally. Understanding the full range of consequences is vital before entering any plea.

Where Marijuana DUI Cases Are Heard: Local Courts in Western Wayne County

Most arrests from Plymouth, Canton, and Northville are handled in the 35th District Court, located at 660 Plymouth Rd, Plymouth, MI 48170. This court handles misdemeanor cases, including first and second OWI offenses. If a case escalates to a felony (for example, due to prior convictions or injury accidents), it moves to the Wayne County Circuit Court in Detroit.

You can expect your first court appearance to be an arraignment, where charges are read and bond is set. Afterward, pretrial conferences and motion hearings occur to determine whether evidence, such as blood test results or officer observations, can be used. Many marijuana DUI cases revolve around laboratory toxicology and field evidence, areas that an experienced defense lawyer can challenge successfully.

Marijuana DUI Testing and Evidence

Unlike alcohol breath testing, which produces an immediate numerical result, marijuana testing relies on blood samples. These samples are analyzed to determine the THC concentration in nanograms per milliliter (ng/mL). The problem is that THC levels do not accurately measure current impairment.

THC can remain in your bloodstream or fat cells for days or weeks after use. This means a person can test positive despite being completely sober at the time of driving. Prosecutors often rely on a combination of test results and officer testimony rather than THC levels alone.

A knowledgeable defender can challenge the validity of this evidence, arguing that the test result only proves prior use—not impairment during driving. Chain of custody issues, delays in testing, and lack of DRE certification are all potential defenses that can create reasonable doubt.

Defenses to Driving Under the Influence of Marijuana

Every OWI case is unique, and marijuana-related DUIs present specific defenses not always available in alcohol cases. Here are some common legal strategies:

  • Improper Stop: If the officer had no valid reason to stop your vehicle, the entire case may be dismissed. The Fourth Amendment protects you from unreasonable searches and seizures.
  • Lack of Impairment Evidence: Observations like red eyes or fatigue may be unrelated to impairment. An attorney can argue legal marijuana use does not automatically equate to intoxication.
  • Inaccurate Blood Test: Chemical testing must follow strict procedures. A contaminated or improperly stored sample could produce unreliable results.
  • Medical Marijuana Authorization: If you are a certified medical marijuana user, the existence of THC in your system alone cannot justify a conviction. Prosecutors must show your driving was actually impaired.
  • No Qualified Expert: Michigan law requires recognized expertise to opine on impairment. Without a certified DRE or qualified toxicologist, the state’s case can be weakened.

Legal representation focused on OWI law is essential to properly present these defenses. Attorneys familiar with local courts and judges in Plymouth, Canton, and Northville understand how to use each argument effectively.

What to Expect After a Marijuana DUI Arrest

After your arrest, you’ll likely spend several hours in custody before being released on bond or personal recognizance. Within days, your driver’s license may face suspension or restrictions from the Michigan Secretary of State. You’ll receive a notice requiring a hearing or you risk automatic sanctions.

The court process involves an arraignment, pretrial hearings, and potentially a trial. In Michigan, most first-time OWI offenders qualify for alternative sentencing, such as sobriety court, in certain jurisdictions, including at the 35th District Court. These programs focus on treatment and education rather than strict punishment and can help you minimize long-term damage to your record.

Above all, avoid making statements to police or prosecutors before consulting an attorney. Anything you say may later appear in reports or court testimony.

How a Marijuana DUI Affects Your Record

A conviction for operating while intoxicated by marijuana creates a permanent criminal record that appears in background checks. Under current expungement laws, a first-offense OWI can be expunged in Michigan after a waiting period of five years, provided you meet all eligibility criteria and have no subsequent offenses. However, repeated or felony-level convictions may not be eligible for expungement.

In addition, your insurance rates will skyrocket, typically for several years. Employment opportunities, particularly for any role involving driving, government security, or professional licensing, could be limited. Handling your case proactively is key to minimizing these effects.

What To Do If You’re Charged with Driving High in Plymouth, Canton, or Northville

If you’ve been charged with a marijuana-related OWI, you have options—but timing matters. Contact a skilled criminal defense attorney as soon as possible. At Boria Law, we’ve represented thousands of clients facing impaired driving charges across Western Wayne County. We meticulously review every piece of evidence, from police reports to toxicology data, to build a strong defense for our clients.

You can reach attorney Aaron J. Boria directly by calling (734) 453-7806. Our office serves clients throughout Plymouth, Canton, and Northville, and we offer confidential consultations to help you understand your rights.

For more information on Michigan DUI defense, visit our criminal defense page and learn about how we can help you fight your charges.

Public Perception vs. Legal Reality of Marijuana Use

Many people incorrectly believe that since marijuana is legal, driving after consuming a small amount is acceptable. Michigan law makes no exceptions for “legal” intoxication, whether from alcohol, prescription medication, or marijuana. The legality of possession does not grant immunity from impaired driving charges.

In fact, cannabis impairment has been a growing concern for local judges and prosecutors in the 35th District Court. While attitudes toward marijuana use have become more lenient, DUI enforcement and prosecution remain aggressive. Courts increasingly focus on community safety rather than the source of the impairment.

Community Impact of Impaired Driving in Plymouth and Surrounding Areas

According to data from the Michigan State Police Annual Drunk Driving Audit, drug-involved crashes and DUI arrests have steadily increased since recreational marijuana legalization in 2018. 4/20 weekend sees some of the highest numbers due to celebrations and public gatherings. Keeping roads safe is a priority for local law enforcement, and courts often impose stricter sanctions on arrests resulting from holiday weekends.

Programs such as Sobriety Court in Plymouth emphasize accountability, treatment, and education. Participants undergo regular drug testing, attend classes, and meet frequently with a supervising judge. Completion can lead to reduced penalties and license reinstatement. However, entering such a program still requires a guilty plea or conviction, making early legal advice crucial.

Final Thoughts

Michigan’s marijuana laws allow responsible use, but impaired driving remains a serious offense with life-changing consequences. If you or someone you care about was arrested during 4/20 weekend—or any time of year—in Plymouth, Canton, or Northville, don’t face it alone. An experienced OWI defense lawyer can help you challenge the evidence, protect your rights, and fight for the best result possible.

To speak directly with attorney Aaron J. Boria about your case, call (734) 453-7806. We pride ourselves on aggressive representation, honest advice, and proven results. Protect your future, your license, and your record by getting the help you need today.