CAN I GET A DWI IN MISSOURI FOR BEING UNDER THE INFLUENCE OF MARIJUANA?

When Missouri legalized recreational marijuana in 2022, many people assumed it would work the same way as alcohol — you can use it legally, as long as you’re responsible. But here’s the truth: you can absolutely be charged with a DUI in Missouri for driving under the influence of marijuana, even though possession itself is now legal.

If you’re asking this question, you’re not alone — and the answer could save you from criminal charges, fines, and the loss of your driver’s license. You’ve got questions, we’ve got answers. Call KC Defense Counsel today and schedule a free and confidential case evaluation with one of our expert Kansas City criminal defense lawyers.

MARIJUANA IS LEGAL, IMPAIRED DRIVING IS NOT

Missouri law makes it clear: while adults 21 and over can legally possess up to 3 ounces of marijuana, driving while impaired by marijuana remains a crime.

Just like alcohol, the issue isn’t whether marijuana is legal — it’s whether it affects your ability to safely operate a vehicle.

Under RSMo 577.010, you can be charged with Driving While Intoxicated (DWI) if you are driving under the influence of “alcohol, drugs, or a combination of both.” That specifically includes marijuana. Sorry.

HOW POLICE DETECT MARIJUANA DUIs IN MISSOURI

Unlike alcohol, there’s no “legal limit” (like 0.08% BAC) for marijuana in Missouri. Instead, officers rely on other methods to determine impairment, such as:

• Observations during the traffic stop (bloodshot eyes, odor, slurred speech, delayed reactions).
• Field sobriety tests (walking in a straight line, balancing, following eye movement).
• Drug Recognition Experts (DREs) trained to spot marijuana impairment.
• Blood or urine tests to detect THC levels.

This can be tricky because THC can stay in your legal system long after you’re no longer impaired — sometimes for days or even weeks. That means you could test positive even if you weren’t high at the time of driving.

PENALTIES FOR MARIJUANA DWI/DUI IN MISSOURI

The penalties for driving under the influence of marijuana are the same as for alcohol:

First offense (misdemeanor): Up to 6 months in jail, a $500 fine, and a 30-day license suspension.

Second offense: Up to 1 year in jail, $1,000 fine, and a 1-year license revocation.

Third offense (felony): Up to 4 years in prison, $10,000 fine, and a 10-year license denial.

If your case involves an accident, injuries, or children in the car, the charges and penalties can be even more severe.

DEFENDING AGAINST A MARIJUANA DWI IN MISSOURI

Just because you’ve been charged doesn’t mean you’re guilty. A skilled Kansas City criminal defense attorney can challenge:

• Whether the traffic stop was legal.
• The accuracy of field sobriety or blood/urine tests.
• Whether officers were properly trained to detect marijuana impairment.
• Whether THC detected actually meant impairment at the time of driving.

Because marijuana DUI law is still evolving, prosecutors often face challenges proving these cases beyond a reasonable doubt.

WHY YOU NEED AN EXPERIENCED MISSOURI DWI/DUI ATTORNEY IN KANSAS CITY

Marijuana DUI charges in the state of Missouri can have lifelong consequences — from losing your license to carrying a permanent criminal record. An experienced Kansas City DUI attorney can:

• Protect your license through administrative hearings.
• Fight the criminal case in court.
• Negotiate for reduced penalties or alternative sentencing.
• Help keep a conviction off your record when possible.

At KC Defense Counsel, we’ve defended countless clients in Missouri against DUI charges — including marijuana-related cases. We know how prosecutors build these cases, and we know how to fight them.

• Marijuana possession is legal in Missouri, but driving under the influence is still a crime.
• Police rely on field tests, observations, and blood/urine tests to claim impairment.
• Penalties mirror alcohol DUIs, including jail, fines, and license suspension.
• THC can stay in your system long after use, creating unfair prosecutions.
• A skilled DUI defense lawyer in Kansas City is essential to fight these charges.

When your future, freedom, and reputation are on the line, you need a Kansas City criminal defense lawyer who knows how to fight for you. At KC Defense Counsel, we have successfully defended clients across Missouri against charges ranging from misdemeanors to serious felonies. Don’t face the police, prosecutors, or the courtroom alone, our experienced attorneys are here to protect your rights and tell your side of the story.

If you’ve been charged with driving under the influence of marijuana in Missouri, don’t take chances with your freedom or your future. Call KC Defense Counsel today for a free, confidential consultation with an experienced DUI defense attorney.

Cities we serve: Adrian, Archie, Bates City, Belton, Blue Springs, Buckner, Butler, Cameron, Claycomo, Cleveland,  Drexel, Fairview,  Ferrelview,  Gladstone, Grain Valley, Grandview, Greenwood, Houston Lake, Independence, Kansas City Missouri, Kearney, , Knob Noster, Lake Lotawana, Lake Tapawingo, Lake Waukomis, Lake Winnebago, Lawson, Lee’s Summit, Liberty, North Kansas City, Oak Grove, Oakview,  Parkville, Peculiar,, Platte City, Platte Woods, Plattsburg, Pleasant Hill,  Raymore, Raytown, Riverside, Smithville, Sugar Creek, Tracy,  Warrensberg, Weatherby Lake, and Weston.

Statewide: Missouri State Highway Patrol and Sheriff Counties we serve: Bates County, Cass County, Clay County, Jackson County, Platte County, Ray County.

Contact our experienced Kansas City traffic defense lawyers near me in Missouri and let us help begin building your defense. Let us help.

Disclaimer: This page is for informational purposes only and does not create an attorney-client relationship. Always consult qualified counsel regarding your unique situation.