New Connecticut Law May Allow for More Marijuana DUI Arrests

 Posted on April 25, 2025 in DUI

People may be arrested for driving under the influence (DUI) based on claims that they are intoxicated by alcohol, marijuana, or other substances. Driving under the influence of marijuana is an issue that has received more attention in recent years due to the legalization of cannabis in multiple states, including Connecticut. Law enforcement officials are looking to prevent intoxicated driving, and as part of these efforts, they are asking Connecticut lawmakers to pass a new law that may allow them to stop and arrest more people who are suspected of marijuana-related DUI.

Even though marijuana use is now legal for adults in Connecticut, there are a variety of situations where people may face criminal charges related to the use of cannabis. Those who are charged with DUI or other offenses can work with an experienced criminal defense attorney to address these charges and defend against a conviction.

New Law May Increase the Number of Arrests for Driving Under the Influence of Marijuana

The law that legalized marijuana use for adults included some protections meant to prevent police officers from harassing or arresting people who were suspected of using cannabis. While the law made it clear that smoking or otherwise using marijuana in a motor vehicle is illegal, it stated that police officers cannot stop drivers solely on the basis of marijuana use in a vehicle. It also stated that the odor of marijuana cannot be considered probable cause or reasonable suspicion to stop or search a vehicle or person.

Police officers in Connecticut have claimed that this law prevents them from stopping and arresting people who they know are violating the law by using marijuana while driving or riding in a vehicle. They are asking lawmakers to pass a new law that will allow them to perform stops and make arrests in these situations. Under this law, officers would be able to perform traffic stops if they observed a person in a vehicle using marijuana and detected the odor of cannabis. 

Advocates for this law believe that it would improve public safety by allowing police to stop and arrest people for DUI before they go on to engage in dangerous behavior that could injure themselves or others. Officers believe that pulling a driver over because they are observed using marijuana would be the same as stopping a driver who is visibly drinking alcohol. They also claim that this would address situations where passengers may use marijuana in a vehicle and smoke could affect the driver.

On the other hand, advocates for civil liberties believe that this law is unnecessary, and it is likely to lead to more instances of police harassment and racial profiling. They have noted that police can already stop drivers who commit traffic violations or engage in dangerous behavior, and they also claim that rather than preventing accidents by intoxicated drivers, this law would be more likely to unnecessary traffic stops and arrests based primarily on "suspicious behavior." 

The law would also direct state officials to study the possibility of establishing a legal limit for THC, the chemical in marijuana that causes people to become intoxicated. However, criminal justice advocates have argued against these types of limits, because the ways people are affected by THC can vary from person to person, and this substance can remain in the body for 24 to 48 hours, well past the point where a person is no longer intoxicated. Without a legal THC limit, police officers often rely on so-called "drug recognition experts" to determine whether someone is impaired due to the use of marijuana.

Contact Our Connecticut Marijuana DUI Lawyers

Whether the proposed law passes or not, there are many situations where people may be stopped by police, accused of driving under the influence of marijuana, and arrested for DUI. Defending against these charges requires the help of a lawyer who understands the laws and can challenge the claims made by police and the testimony of drug recognition experts. At Woolf & Ross Law Firm, LLC, our Hartford marijuana DUI defense attorneys are here to help with these cases. To arrange a free consultation and get the defense you need, contact us at 860-290-8690.