Understanding Marijuana DUI Laws in Kentucky: Penalties and THC Levels

Think of it this way: Alcohol possession and consumption is legal in certain circumstances and not in others. For example, you can drink alcohol in your home, but not while driving a vehicle. The same will soon be true for marijuana. If you are found to be driving under the influence of marijuana, the penalties are similar to those for alcohol-related DUIs. A marijuana DUI, or Driving Under the Influence of Drugs (DUID), occurs when a driver’s ability to operate a vehicle is impaired by ingesting THC, the active compound in marijuana.

Penalties for a Marijuana DUI in Kentucky may include:

• Fines: You could face a fine of not less than $200 up to $500 for a first offense.
• License Suspension: A conviction could lead to a license suspension of four to six months for a first offense.
• Jail Time: Up to 30 days for a first offense. If an aggravator is involved, such as excessive speed, a mandatory minimum of four days will be imposed upon conviction.
• Increased Penalties for Repeat Offenders: If you are convicted of multiple DUI offenses within a 10-year period, the penalties become more severe, with potential for longer license suspensions and higher fines. A fourth offense is a class D felony that carries a term of imprisonment of one to five years.

Driving while under the influence of marijuana can lead to serious consequences, and it’s essential to understand the risks involved when getting behind the wheel after using marijuana, especially since THC can affect coordination, reaction times and judgment.

How THC Levels Dissipate from Your System

One of the biggest questions people have is how long marijuana stays in their system and how it affects their ability to drive. THC, the psychoactive compound in marijuana, can be detected in your system in several ways, but it’s important to note that detection doesn’t necessarily equate to impairment.

Detection of THC in Your System:

The research behind THC and how if affects one’s ability to drive is in a great state of flux. There are really no hard and fast rules in the scientific community and that can either be to your benefit…or not. The level of active THC in your blood is typically measured in nanograms per milliliter of blood (ng/ml). Many states have a legal limit of 5ng/ml as the per se cutoff. In other words, much like we often hear of the legal limit of alcohol in a person’s blood being .08, the limit in many states of THC in a person’s blood cannot exceed 5ng/ml. Again, there are no hard and fast rules and Kentucky has not adopted that level. Again, this can sometimes work for or against you. What follows are some very general rules and characteristics to keep in mind about THC:

• Blood: Generally, law enforcement always attempts to obtain blood in order to test for active THC. THC can be detected in the blood for up to one to two days after use for occasional users, and up to a week or more for regular users. Generally speaking, THC dissipates from the blood at a faster rate than alcohol. However, as noted above, the presence of THC in the bloodstream doesn’t directly correlate with impairment.
• Urine: THC can be detected in urine for several days, even weeks, depending on how frequently you use marijuana. For regular users, it can stay in the urine for up to 30 days. The THC in urine is typically the metabolite of the active THC and there is no correlation between its presence and impairment.
• Saliva: THC can be detected in saliva for one to three days after use. It is rare for testing to be done on saliva.

Dissipation of THC: The level of THC increases rapidly in your blood after delivery (smoking, edibles, etc.) and affects different people in varying ways, but it generally stays in the bloodstream longer than its effects last. As stated above, it typically dissipates (disappears) rapidly and its intoxicating effects last for one to three hours, though it can last longer in some individuals, especially with higher doses. As THC leaves your system, its effects wear off, but traces may still be present in your blood or urine.

Important: As noted above, even if you feel sober, THC may still be detectable in your system, and you may be subject to DUI charges. The legal limit for THC in Kentucky is not as clear as alcohol. While the state doesn’t have a specific legal limit like blood alcohol content (BAC) for marijuana, law enforcement may still arrest and charge drivers if they show signs of impairment, regardless of the specific THC level.

Final Thoughts: Stay Safe, Stay Informed

If you’re a marijuana user, it’s crucial to be aware of Kentucky’s laws regarding impaired driving. While medical marijuana will become legal on January 1, 2025 in Kentucky for qualifying patients, recreational marijuana use remains prohibited. Never drive if you feel impaired, as even small amounts of THC in your system could lead to serious legal consequences.
If you’ve been charged with a marijuana DUI, you should never consent to the taking of your blood nor should you make any statements to the police without an attorney. Under current law, the police must obtain a warrant to compel you to give blood.
Stay safe and informed—whether you’re using marijuana legally or recreationally, your safety and the safety of others should always be your top priority.

If you have questions about any of this, or if you’re arrested and charged with any crime, call me, Chris Spedding, at (859) 255-0050. I can help!

Key Takeaways

• Marijuana DUI penalties in Kentucky can include fines, license suspension, and even jail time for repeat offenders.
• THC stays in your system for different lengths of time, depending on usage and detection method, but its effects wear off much quicker than it disappears from the body.
• Always avoid driving if you’re unsure of your impairment level, as legal consequences can still occur even if you’re not visibly impaired.