RANKIN COUNTY- The Rankin County Prosecuting Attorney’s Office is warning drivers that operating a vehicle while under the influence of marijuana remains illegal under Mississippi law.
Prosecuting Attorney Trey Spillman said his office has seen an increase in DUI cases involving marijuana and wants the public to understand how the law applies, particularly since the launch of Mississippi’s medical cannabis program.
According to Mississippi law, it is unlawful for a person to operate a motor vehicle while under the influence of any drug or controlled substance, including marijuana.
Spillman said many people mistakenly believe DUI laws apply only to alcohol or that there must be a specific THC level similar to the .08 blood alcohol concentration standard used in alcohol-related DUI cases.
“That is not how the law works,” Spillman said.
Under Mississippi law, a person is considered under the influence if a substance affects their ability to safely operate a vehicle by lessening normal clarity, judgment or control.
In marijuana-related DUI cases, impairment is often determined based on the totality of the circumstances. Evidence may include driving behavior observed by law enforcement, physical indicators such as bloodshot eyes or slowed reactions, statements made by the driver, field sobriety tests, the odor or presence of marijuana and toxicology testing when available.
Spillman noted that toxicology tests can confirm exposure to marijuana but do not always determine when the substance was consumed or whether the driver was impaired at the time of driving. Because of that, officer observations and other evidence can play a significant role in these cases.
The Mississippi Medical Cannabis Act also does not permit driving while impaired by marijuana, even if the substance was legally obtained for medical use.
Spillman said the same principle applies to prescription medications that may affect a driver’s ability to safely operate a vehicle.
Officials said driving under the influence of any substance places others on the road at risk, and prosecutors remain committed to enforcing Mississippi’s DUI laws to protect public safety.
