What happens if I have marijuana in my car?

You may be keeping your eye on the MORE Act…but more needs to be done with it until it becomes law. As of this writing, the House of Representatives recently approved the bill that would remove marijuana from the list of dangerous drugs. Next step — the Senate. 

If it happens to become law, the Marijuana Opportunity Reinvestment and Expungement Act of 2019 (MORE Act of 2020) would remove marijuana and tetrahydrocannabinols from the schedules of controlled substances.

But it wouldn’t magically translate to commercial federal legalization. It still allows states to determine their own marijuana laws. So there will still be complications, as some states will likely still ban marijuana under their own state law, as opposed to federal law. 

So having marijuana in your car is still an issue. Given that, let’s examine the basic laws about what happens when you’re caught with marijuana while driving, your rights when law enforcement flags you for possession of a controlled substance, and how this situation can affect your car insurance.

States of Confusion: the Complex World of Marijuana Law

Voters in New Jersey, Arizona, Montana, and South Dakota just approved legalizing sales of marijuana for adults. South Dakota also approved sales for medical use, as did Mississippi.

So cannabis is now legal for adults in 15 states and the District of Columbia. And now 36 states allow for some form of access for medicinal use.

But don’t assume just because legalization keeps expanding to more states that it’s not a serious crime in other states. For example, Florida’s marijuana possession penalties are some of the most severe in the country.

Medical marijuana is legal in Florida. Recreational marijuana is not. Although there’s an amendment to legalize it, Article X, Section 33, is still gaining signatures for a place on the 2022 ballot. 

So if you possess less than 20 grams, it’s a misdemeanor punishable with one year of incarceration and a fine of up to $1,000. Above 20 grams and you could go to jail for five years. Possession of cannabis in Florida could also lead to your driver’s license being suspended or revoked.

Medical Marijuana Laws

In order to have medical marijuana in Florida, you must have an identification card. You can qualify for it after discussing your qualifying condition with a medical marijuana doctor and establishing permanent or seasonal residency in the state, and then being added to the medical marijuana registry.

With a medical marijuana card in Florida, you can drive with marijuana in your possession, but you can’t use it in your car — even if it’s parked — or drive after using it. Keep the product, which has to be purchased from a legal dispensary, in a safe and private place, like your glove box. Keep it sealed in its original packaging or container until you get home. 

And drive with your medical card and license always handy.

Recreational Marijuana Laws

Most states that have legalized recreational marijuana have open container laws. So store your marijana purchase as you would your alcohol purchase. 

That means it shouldn’t be accessible to you behind the wheel. Just as with medical marijuana, you can’t have marijuana while driving or before driving. Just like under no circumstances should you drink and drive, same goes for getting high and driving.

As expected, specifics regarding these laws vary by state. In Maine, you can have up to 2.5 ounces of cannabis in the cabin of your car if it’s sealed in a child-proof container. In Nevada, it’s up to 1 ounce of marijuana or an eighth of an ounce of concentrate in a sealed container.

If your cannabis isn’t in a container and if that container isn’t closed or sealed, breaking the open container law will cost you. In California, the fine is up to $100; in Vermont, up to $200.

Marijuana Laws Across State Lines

You cannot travel with marijuana across state lines, even if you’re a medical marijuana patient, and even if the state you’re crossing into has legalized medical marijuana. Since marijuana is still federally illegal in the United States, you can only use your products within state lines.

So don’t have any marijuana in your car if you plan to cross the border into another state. Although you won’t be checked for marijuana as you cross state borders, why take the risk? You can find yourself in a heap of legal trouble if you’re stopped and searched at any point in another state with marijuana in your possession.

Driving Drugged

Driving under the influence of marijuana is forbidden, no matter what type of marijuana use a state does or doesn’t allow. In Florida, and commonly in other states, if you’re caught driving high, you’ll face the same penalties as someone driving while drunk.

For a first offense, you’ll receive a $500-$1,000 fine, up to six months in jail, and a 180-day-to-a-year license suspension. Second offense means $1,000-$2,000 fine; up to nine months jail time. Third offense means you’re in felony territory, with up to a $5,000 fine and up to five years in jail.

The police have the right to search you and carry out urine and/or blood tests if they believe you’re under the influence of controlled substances. Refusing is a first-degree misdemeanor. Law enforcement has probable cause to search you and your car if they notice open containers of marijuana, if you’re driving recklessly, or if they smell marijuana in your car.

Your Rights

You can hire a criminal defense attorney to defend you against your marijuana charges. 

Make sure your attorney is proficient in establishing technical defenses related to improper police searches and filing Motions to Suppress or Exclude Evidence. Also make sure they know when and how to file appropriate Motion to Dismiss based on an actual vs. a constructive possession issue.

Marijuana in Your Car’s Affect on Car Insurance

As long as there is no admissible evidence that you were driving while impaired, then your car insurance should not be affected. So if you’re not impaired in any way, if an officer isn’t able to determine impairment, and if chemical tests come back negative, you should be OK.

If you’re charged with marijuana possession, your car insurance company can’t raise your premium because their underwriting process doesn’t include a criminal background check and they don’t require a criminal background check in order to purchase a policy.

The only penalty you’ll face is possession charges based on your state.

Suspended License and Car Insurance

Of course, if your POM (possession of marijuana) charge leads to your license being revoked or suspended, that has a direct impact on your car insurance.

In fact, it’s common for car insurance companies to cancel or not renew your policy when your license is suspended. An insurance company will find out about your suspension when they review your motor vehicle report when your policy renewal date approaches.

So if you’re in the middle of your policy term, and your policy doesn’t contain an exclusionary clause for driver suspensions, you’ll likely stay covered until the end of your term.

But if you’re a new customer, an insurance company is allowed a 30-to-60-day window to conduct a background check, and they can cancel your policy.

Of course, if you still technically have car insurance, you should not drive without a driver’s license. If you do, you’re committing a serious offense. You could get fined, have your car impounded, and even go to jail.

This indiscretion will label you as a high-risk driver, and you’ll face an SR-22 requirement, which is an insurance company’s guarantee to your state that you have the required insurance coverage in place in order to get your driver’s license back. 

Driving Drugged and Car Insurance

Being convicted of driving under the influence will definitely raise a red flag with car insurance companies, as that charge will be on your driving record. Plus, some states will automatically suspend your license, and Florida is one of those.

In addition to suspension issues, your car insurance rate will increase substantially because driving under the influence of marijuana is a traffic offense. The specific increase will depend on your driving history and your car insurance company.

Allstate and Liberty Mutual are the most stringent when it comes to raising rates for DUI charges; State Farm and Progressive are the most lenient. And USAA has the lowest rates, but their policies are only available to military personnel and their immediate family members.

And if a standard insurance carrier won’t cover you because of your DUI, then non-standard, or high-risk, insurance is an option. Your state’s Department of Insurance website will have a list of high-risk insurance carriers.

Even though your car insurance rate will be much higher — expect double or triple more than normal — comparison shop non-standard insurers as you would regular insurers, to try and find the lowest rate possible.

So now you know the basics. Stay on the safe side of avoiding fines, jail, a criminal record, a bad driving record, and car insurance spikes by storing your marijuana in the trunk, only using it at a private residence or property, and never using it when you plan to drive.

Karen Condor is an insurance expert who writes and researches about states driving laws for the car insurance comparison site, CarInsuranceComparison.com.

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