Current Marijuana Possession Law and Marijuana DUIs

Posted on: September 6, 2018

While it is currently illegal in Connecticut to enjoy the pleasures of marijuana, there are still several bills that may pass legislation which could change that fairly quickly. Today’s marijuana possession law allows Connecticut folks little leeway to get high and drive. Let’s look at how this drug may cause loss of license, an immediate arrest and problems that will not go away.

The current law

It is pretty strict

In Connecticut, if you are pulled over for suspicious driving or are in an accident that you are responsible for, the police may have cause to test your blood for marijuana or alcohol. If they find your blood to be over the legal limit, which is 5 ngs (nanograms), or 5 billionths of a gram, of delta-9 THC per milliliter of blood, you can face charges with a marijuana DUI.

If someone else sustains serious injuries as a result of an accident, and you have more than 5 nanograms of delta-9 THC per milliliter of blood, then you can be charged with vehicular assault.

What if I refuse a blood test?

Can’t get blood from a turnip

The police cannot coerce you to give up your blood. However, they can charge you under the law as if the test came back positive, which is why refusal should only be done under attorney guidance.

Now, some clever folks may be wondering if the 5th Amendment protects them against “self-incrimination." The answer is no. The 5th Amendment only protects against incriminating yourself in testimony. It does not apply to DNA tests, blood tests, hair samples or fingerprints.

In other words, you can refuse a blood test but the police and the judge will likely consider this evidence that you are, in fact, inebriated and are only withholding the evidence for the purpose of hiding that fact. There is also the chance that the judge will consider this an affront to the execution of justice. They may decide to revoke your driver’s license as a result of your refusal.

Pot stays in your system for 30 days. Period.

Tough to prove otherwise

As have many other states, Connecticut authorities developed a blood test to determine how much marijuana is in your system. It is true that marijuana will remain in a hair sample or urine after 30 days. The blood test is designed to determine how much marijuana is in your system at the time of the test.

Marijuana and DUI in Connecticut

May be legal soon, but until then…

To be clear, Connecticut treats marijuana the same way it does any intoxicant. Those who are caught driving under the influence are subject to the same penalties as an individual driving under the influence of alcohol.

That can include felony charges when an individual has been caught driving under the influence more than twice. It includes felony charges when an individual injures another person while intoxicated.

If you have been charged with DUI, you will need an attorney who will advocate on your behalf. Not just any counsel, but ones have significant experience with marijuana possession law. You are facing serious charges; therefore, you need legal assistance that is equally serious.

Unsure what the current and potential new codes regarding marijuana possession law are? An expert attorney in New Haven knows the world of marijuana and what will ‘fly’, and what won’t. Reach us at (203) 624-6115, and check us out at

This blog is for informational purposes only and does not constitute legal advice.