Knowing the Facts
Can I be charged with a DUI if delta-8 is in my system?
It is a common misconception that DUI laws are not applicable in situations involving the use of hemp and its derivatives such as delta-8. Following the enactment of the federal Agriculture Improvement Act of 2018, Tennessee enacted a law which decriminalized hemp-derived cannabinoids. As a result, delta-8 became a legal substance to purchase and possess in Tennessee.
The facts behind Delta-8
Even though delta-8 is perfectly legal to consume in Tennessee, it still has the potential to impair your ability to safely operate a motor vehicle. The legal status of delta-8, much like alcohol, does not in and of itself remove the applicability of DUI laws to a case. Tennessee prohibits you from driving a motor vehicle while under the influence of any drugs or intoxicants throughout the state by virtue of our DUI laws, and delta-8 is considered to be an intoxicant despite its legal status.
Delta-8 can affect your ability to drive in many of the same ways that alcohol can because it can affect your ability to focus, stay awake, and make decisions. Therefore, if law enforcement can establish that you were driving while impaired by delta-8, you could face the same penalties as an alcohol-related DUI charge.
How much is too much?
This begs the question: Is there a limit to how much delta-8 you can have in your blood before you are presumed to be impaired? It is common knowledge that the per se BAC limit in Tennessee is 0.08% for alcohol-related DUIs. On the contrary, Tennessee has not established a legal limit as it pertains to marijuana or hemp-related DUIs.
Nevertheless, it is vitally important for your DUI attorney to scrutinize the amount that was in your system if a blood draw was conducted in conjunction with your arrest. Often, delta-8 induces a false positive for delta-9 which is more potent than delta-8. The prosecutor carries the burden of proving that you were impaired. All the surrounding circumstances must be carefully analyzed by your attorney.
The Consequences
While delta-8 is legal to possess in Tennessee, you must be 21 years of age. If a minor is caught being in possession of a delta-8 product, they can be charged with a civil offense in which the general sessions or juvenile court may impose a penalty of between $10.00 and $50.00. The court may also, in its discretion, impose community service work not to exceed 50 hours for repeat offenses within a 1-year period.
It is always important to note that a DUI 1st offense in Tennessee is punishable by a mandatory minimum of 2 days incarceration up to 11 months and 29 days of incarceration, a fine between $350.00 and $1,500.00, alcohol safety classes, and suspension of your driver’s license for 1 year.
Beyond these legal penalties, a DUI conviction can cause enduring and profound consequences for your professional career. A DUI is one of the few misdemeanors, if convicted, that can NEVER be expunged from your record in Tennessee. Career advancements and professional licenses are two of the many things that can be affected by a DUI conviction because many employers conduct routine background checks.
