Now that Marijuana is decriminalized in my state, are the driving penalties the same?

[modraed]

I'm reading my state's (mass) driving manual and i came across this passage.

Drug Possession Offenses
If you are convicted of any drug offense, whether in Massachusetts or another state, your
driver’s license will be suspended. Even if no motor vehicle was involved in the offense,
the law requires you to lose your driving privileges for one to five years, depending
on the conviction.


Now that Marijuana is deciminalized in my state and you'd only get a fine for it, would this still hold true?

thanks

[advent]

It is still a violation and a drug charge so I don't see any reason to expect a change.

FYI pot possession is still a federal felony.

[gabrielo19]

It depends on what you mean by driving penalties. If you are high behind the wheel, expect the same penalties as if you were caught driving drunk. Repeated offenses in this category DO become criminal and obviously would result in losing your driver's license, perhaps jail time and perhaps time in a rehabilitation program.

Read the specific code which decriminalizes marijuana in your state. Does it say that it nullifies "x" and "y" about which you are asking? It probably means they aren't going to waste big bucks going after college kids and aging hippies. And don't assume they won't search your car because if they can give you a fine for it, they will. They might even begin having stops with drug-sniffing dogs, now they don't have to waste time and manpower hauling you off to jail, off you go with a big fine, more money for less work. If its no longer criminal, you might not have the right to a jury trial; if the dog signals that it found drugs, that's all it would take, and then boom, a huge fine.

Remember also that the federal government might be interested in knowing about any drug violations, even if they are not "criminal", as they could withhold your ability to take out federal student loans. I don't know what the language on the FAFSA is, whether it is "have you ever been convicted" to "have you ever been convicted of or violated" drug possession laws. They may be keeping abreast of the legal changes. Also, remember that just because it is decriminalized by the state, the feds will still go after you, and they do in CA. Now, they are probably going after bigger suppliers/distributors, but you never know, and you DO NOT want to mess with the feds.

It sounds as though you can still break the law by possessing marijuana, although you won't go to jail. It may even depend on the prosecutor's office as to whether or not it counts as a "drug offense". It might be up to you or your lawyer to bring that up as a defense (the state probably doesn't want to encourage casual marijuana use but doesn't want to waste so much time and money prosecuting and incarcerating small-time offenders.)