Will Marijuana Reclassification Affect Drug Crime and DUI Cases?

 Posted on May 14, 2026 in Criminal Defense

The use of marijuana has become more accepted over the past two decades. Numerous studies have shown that marijuana has medical benefits. Because of this, 40 states and Washington, D.C. have passed laws allowing the sale of medical marijuana. At the same time, people have realized that the intoxicating effects of marijuana are similar to alcohol, so 24 states and Washington, D.C. now allow for the sale and use of recreational cannabis. The federal government may finally be catching up to these trends and taking steps to relax its restrictions on marijuana.

While the legalization of marijuana for medical and recreational use at the state level and the decriminalization of marijuana at the federal level may relax the laws related to the possession and use of this drug, there are still situations where marijuana use may lead to criminal charges. For those who are charged with drug crimes related to the possession or distribution of marijuana or who are arrested for DUI based on the use of marijuana, legal representation from a skilled criminal defense attorney can be essential.

Federal Government Reclassifies Medical Marijuana

While marijuana has been legalized by many states, including Connecticut, the federal government had, until recently, continued to classify it as a Schedule I controlled substance. This classification treated marijuana the same as drugs that were considered to be dangerous and addictive, with no approved medical uses, such as heroin. However, this is changing due to an executive order issued by President Donald Trump. Under this order, medical marijuana that is licensed under state laws is now considered to be a Schedule III drug.

This change will primarily affect businesses that sell medical marijuana. They will now be able to claim tax deductions for business expenses related to the sale of the drug, when they had previously been prohibited from doing so. Recreational marijuana will still be classified as a Schedule I drug. However, the Justice Department will be considering whether recreational marijuana should also be reclassified as a Schedule III drug. 

This change could potentially affect criminal cases involving the possession or distribution of marijuana. People who purchase and use medical or recreational marijuana legally are unlikely to face criminal charges, as long as they abide by state laws. However, those who are charged with possessing large amounts of marijuana or selling or distributing marijuana without the proper licenses could face criminal charges. In cases where offenses allegedly involved the transportation of marijuana across state lines or other violations of federal laws, cases may result in prosecution in federal courts.

Marijuana DUI Charges and Breathalyzer Tests

Another reason that marijuana use could lead to criminal charges involves driving while under the influence of the drug. As with alcohol, people who use marijuana are prohibited from driving while they are intoxicated. However, marijuana DUI cases can sometimes be complicated due to the difficulty of detecting marijuana in a person’s system and the varying levels of intoxication that it can cause in different people.

When someone is under the influence of alcohol, it can be detected in their system through a breathalyzer test. There is no equivalent test for marijuana, but that may change in the future. Researchers have developed a device that is similar to a breathalyzer, and it may detect THC (the intoxicating ingredient in marijuana) in a person’s breath. The device is still in the experimental stage, but it could be used by police officers in the future to help determine whether a person had used marijuana before driving.

While this new device may become a tool that will be used by law enforcement, questions remain about how effective it will be in determining a person’s level of intoxication. The same level of THC may have different effects on a person who uses marijuana regularly and a person who is an infrequent user. Studies have also raised questions about whether increased THC levels also increase the risks of car accidents. These issues may present opportunities for defense for those who are arrested for DUI based on the use of marijuana.

Contact Our Connecticut Marijuana Crimes Attorneys

As laws, policies, and technologies related to marijuana change, those who are arrested for drug crimes or DUI will need to make sure they have representation from an attorney who understands the ways these issues affect criminal cases. At Woolf & Ross Law Firm, LLC, our Hartford drug crimes and DUI defense lawyers can help determine the best defense strategies to use in these cases. With our knowledge of the law and our experience defending clients, we can help ensure that these matters can be resolved successfully. Contact us today at 860-290-8690 to arrange a free consultation.