Traffic Violations

Preparing for a DUI Marijuana Charge

The best way to get out of a DUI marijuana charge is to prepare in advance. A few basic tips and simple habits can help you avoid incidents and prove your innocence in court.

dui marijuana photo
Photo by Jan Kahanek on Unsplash

Gather Your Papers

Technically, authorities can demand proof of prescription for any prescribed drug. However, police will essentially always want proof of your right to take marijuana, and very few officers will question your right to take things like Coumadin, replacement hormones, or prescription strength Tylenol. Prepare your evidence in advance. Keep your marijuana user ID with you at all times, but don’t keep it in the same place as your driver’s license. If an officer sees anything indicating your right to use marijuana during an unrelated traffic stop, the tone and purpose of the officer’s inquiries may change dramatically.

Clean Out Your Car

Ideally, you only take your medication at home. However, if you ever transported your medical marijuana in your car, or if you ever used marijuana around your car, you need to make sure you aren’t carrying around more than the legal limit of six ounces. You need to keep prescription and purchase information together, so removing those items from your vehicle serves two purposes. General cleaning limits the chances of an officer becoming suspicious. It’s reasonable to search a driver whose car smells like marijuana, after all.

Establish Safe Habits

While marijuana is legal in New Jersey for both recreational and medical use, driving under the influence of marijuana is still illegal. Take marijuana at home, and only take it when you have nowhere to go for the rest of the day. Usually, this means taking your medication in the evening. Emergencies happen, but the fewer reasons you have to leave your home after taking your medication, the fewer temptations you face to drive while under the influence. Do what you can to prepare for emergencies in advance. If you don’t live with someone who can take you to the hospital or handle unexpected errands, seek out a friend or family member who can stay on call. Following a regular dosage schedule will help you have ready support.

Choose an Attorney

No matter how careful you are, you could still face a marijuana DUI. Police are still very suspicious of new medical marijuana users, and their outdated testing techniques do not help. These tests show the presence of marijuana in subjects’ systems up to a week after consumption. If you take medical marijuana regularly, you are almost guaranteed to have a false positive. This is why it’s so important for medical marijuana users to find an attorney immediately after receiving their prescription. Preparation goes a long way.

The best way to combat an unfair marijuana DUI is with an experienced attorney. Leon Matchin has the dedication and expertise patients need as they fight for the right to use their medication. You can call Leon Matchin directly at (833) 732-7320, or email him at To learn more about his work and qualifications, visit

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