03/20/2026
Officials Warn of Rise in Marijuana-Related DUI Cases in Mississippi
The Rankin County Prosecutor’s Office says it has seen an increase in DUI cases involving ma*****na and is reminding drivers that Mississippi’s impaired driving laws apply to drugs as well as alcohol.
With the state’s medical cannabis program now in place, officials say it is important for the public to understand that using ma*****na — even legally — does not make it lawful to drive while impaired.
DUI laws apply to ma*****na and other drugs
Under Mississippi law, it is illegal to operate a motor vehicle while under the influence of any drug or controlled substance. Officials say some drivers mistakenly believe DUI laws only apply to alcohol or that there must be a specific THC level, similar to the 0.08 blood alcohol concentration standard.
However, Mississippi law does not require a set THC level. A person is considered “under the influence” if a substance affects their normal ability for clarity, judgment, or control while driving.
How impairment is determined
In ma*****na-related DUI cases, impairment is often determined based on the “totality of the circumstances.” Evidence used in these cases may include:
• Driving behavior observed by law enforcement
• Physical indicators such as bloodshot eyes, slowed reactions, or balance issues
• Statements made by the driver
• Field sobriety test results
• The odor or presence of ma*****na
• Toxicology testing, when available
Mississippi courts have ruled that these observations can be used to determine whether a driver was impaired.
Limits of toxicology testing
Officials say toxicology tests, including urinalysis, may confirm that ma*****na was used but do not always indicate when the substance was consumed or whether a driver was impaired at the exact time of driving. Because of this, officer observations and other evidence can play a key role in DUI investigations.
Medical cannabis does not change DUI laws
The Mississippi Medical Cannabis Act does not make it legal to drive while impaired. State law clearly states that DUI laws still apply even when ma*****na is used legally for medical purposes if it affects a person’s ability to operate a vehicle safely.
The same principle applies to many prescription medications that can impair driving.
Message to drivers
The Rankin County Prosecutor’s Office warns that driving under the influence of any substance puts everyone on the road at risk.
“If you choose to use ma*****na, whether recreationally in another state or legally through Mississippi’s medical cannabis program, do not drive while under its influence,” officials said.
Rankin County Prosecuting Attorney Trey Spillman added that public safety on Mississippi roadways depends on responsible choices by drivers.