Driving with THC Drinks in Your Vehicle

Cannabis drinks, also known as THC drinks, are becoming a popular way to use marijuana. They are sold as a discreet, social, and smoke-free choice, and they come in different forms, such as sodas, teas, seltzers, or tonics that have tetrahydrocannabinol (THC), the psychoactive substance in cannabis.

THC drinks are easy to get, but there are strict rules about how to transport and drink them, and should be avoided when driving. In most states where cannabis is legal, police and regulators treat THC drinks the same way they do alcoholic drinks. That means you should be just as careful when you drive with THC drinks in the car as you would be when you drive with beer or wine.

The Law on Driving with THC Drinks

Driving under the influence (DUI) of THC is still against the law, even in states where marijuana is legal. THC slows down reaction time, coordination, and judgment, all of which are important for safe driving. Most states also have "open container" laws that apply to both smoked and drinkable cannabis.

In general, the rule is:

• You can drive with sealed THC drinks in your car.
• The driver and passengers can't have an open or half-drunk THC drink within reach.
• It is against the law to drink THC while driving, even if your passenger is doing it.

If the police stop you and find evidence of an "open container" violation, you could get a fine or even a misdemeanor charge, just like with alcohol-related crimes.

THC Drinks and Rules About Open Containers

Open container laws are there to stop people from driving while drunk. In the past, these laws only applied to alcohol. But as more states legalize marijuana, they are changing their laws to make it clear that cannabis products are also covered.

A product is usually considered "open" if:

• The container has been opened or the seal has been broken.
• Some of the drink has been consumed.
• The container doesn't have its original packaging anymore.

For instance, if you bought a THC seltzer at a dispensary and opened it before getting in the car, even one sip could make it "open" under the law. Access is the most important thing. If the driver could easily get to it and eat it while driving, it's an open container offense.

You should keep any open or previously used THC drinks in your trunk or a locked glove compartment, just like you would with unfinished alcohol.

THC Drinks vs. Alcohol Laws

To make this clearer, think about how you would handle a drink in the car. You wouldn't drink a beer before driving or leave a half-finished bottle of wine next to you on the seat. The same reasoning holds true for THC drinks.

In both cases, the main goal is to keep people safe and stop them from getting hurt. Driving while drinking THC drinks is just as bad as driving while drinking alcohol.

Differences Between Federal and State

Because cannabis is still against federal law, there is no national rulebook. Each state decides how to enforce and regulate the laws about transporting cannabis. But there are some patterns that are similar to alcohol policies:

If you live in a state where cannabis is legal (like California, Colorado, Arizona, or Nevada), you can usually carry sealed cannabis products in your car as long as they are in their original packaging.

In states where marijuana is not legal, like Idaho or Kansas, you can't have it at all, whether it's sealed or not. Having THC drinks in your car there can get you in trouble with the law.

Federal law still says that traveling between two legal states with cannabis is illegal. If you drive from Nevada to Arizona with THC drinks, for example, you are technically breaking the law and could be charged with drug trafficking.

Before you drive, always check the laws in your state about transporting cannabis. If you break the law more than once, you could get a fine, lose your license, or even go to jail.

Helpful Advice for Moving THC Drinks

It doesn't have to be hard to safely and legally move THC drinks. Here are some smart steps you can take to lower your risk:

Keep drinks in their original containers. Do not open or mess with them until you get home safely.

Put them in the trunk. If your car doesn't have a trunk, like an SUV or hatchback, put them as far away from the driver's seat as you can, ideally behind the last row of seats.

Don't drink THC drinks before or while driving. A small amount can make you intoxicated enough to get a DUI.

Do not carry more than the legal amount of goods. Most states only allow people to have one ounce of cannabis (flower) or the same amount in edibles or drinks.

Have proof of purchase with you. Keeping receipts from dispensaries can help prove to the police that your products were bought legally.

Choose a sober driver. If you're going to drink THC drinks with friends, make sure that one person in your group stays sober and is responsible for driving everyone home.

These habits show that you are using responsibly and will keep you out of trouble if you get pulled over.

What You Should Know About THC DUIs

Driving while impaired by THC is a different crime than having an open container, and it could be worse. It's easy to tell if someone is drunk by using a breathalyzer, but it's not as easy to tell if someone is high on marijuana.

Police officers often depend on:

• Field sobriety tests to see if you have trouble with coordination and balance.
• Drug recognition experts (DREs) are trained to spot signs of being high on marijuana.
• Blood or urine tests to check THC levels, but these tests aren't always accurate because THC metabolites stay in the body long after the high wears off.

Even if you haven't used THC in a few hours, a test could still show it because there is still THC in your system. This could cause problems. After using THC, it's best not to drive at all. Wait a few hours to be safe.

Things to Keep in Mind for Passengers

Passengers are also not allowed to drink or have open THC drinks. Most laws about open containers apply to everyone in a car, not just the driver. This means that anyone in the car can be charged if THC drinks are open or easy to get to.

Passengers are usually allowed to have sealed THC drinks with them, as long as they are not drinking them while they are in the car. 

It depends on the laws in your area whether or not you can carry sealed cannabis products in a rideshare or taxi. Some cities let adults carry sealed cannabis products, but they still can't use them while they're in the car.

Flying or Driving Between States With THC drinks

Things get complicated here. Because cannabis laws are so different in each state, bringing THC drinks across state lines, even by accident, can get you into a lot of legal trouble.

Even if both states allow recreational cannabis, federal law says you can't take it across state lines. For example, if you buy a THC beverage legally in California, it becomes illegal as soon as you cross into Nevada.

The federal government is in charge of U.S. airspace, so it's against TSA and federal rules to bring THC drinks on a plane, whether they're checked or carried on. They can take even small amounts, and if they find you with them, you could be charged.

If you want to travel, the best thing to do is drink or throw away THC drinks before you cross state or national borders.

Punishments for Breaking THC Transportation Laws

Different states have different punishments, but they can include:

• Depending on the crime, fines can be between $100 and $1,000.
• You could get points on your driver's license or have it temporarily suspended.
• If you break the law more than once or in a worse way, you could face criminal charges (misdemeanor).
• If police think you're impaired, you could be charged with DUI.

In Arizona, for instance, where adults 21 and older can legally use cannabis, driving with an "open cannabis container" in the passenger area can get you a civil fine of up to $300. But if you are tested and found to be impaired, the penalties for THC DUI can include jail time, fines of thousands of dollars, and required education courses.

Driving Responsibly with THC Drinks

As marijuana becomes more common, a new culture of responsible use is developing, much like the designated driver programs and alcohol education efforts of the past. THC drinks may not seem as strong as smoking, but their effects can take a while to kick in, which can make people feel like they're sober.

Making clear personal rules helps you make safer choices:

• Do not open THC drinks until you get to your destination.
• You should treat THC drinks the same way you do alcohol.
• Plan how you'll get around before you indulge.

Not only does this protect your legal record, but it also keeps you and everyone else on the road safe.