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Ryan Kolbeck

Sioux Falls Medical Marijuana DUI Lawyer

Medical cardholders can still be charged with DUI in Sioux Falls and across South Dakota. Having a medical marijuana card does not serve as a defense. The law focuses on impairment, not the legality of possession. Prosecutors may argue that any detectable THC in a driver’s system indicates impairment, even if the driver feels fine.

I am attorney Ryan Kolbeck of Kolbeck Law Office, with over 20 years of experience serving clients from my office in Sioux Falls and throughout South Dakota. As a Sioux Falls medical marijuana DUI attorney, I work closely with individuals to address the legal challenges they face and pursue the best possible outcome.

Legal Possession Versus Impaired Driving In South Dakota

Legal possession and impaired driving are two separate legal issues. Even if marijuana is legally obtained, it does not mean it is safe to drive after use. Medical dosage recommendations do not establish a safe driving threshold.

Additionally, possession of marijuana in a vehicle, even with a valid card, can be used as evidence in a DUI case.

Federal Versus State Conflicts For Medical Users

Medical marijuana is legal under South Dakota law. However, it remains a Schedule 1 substance under federal law. This creates serious risks:

  • Commercial drivers (CDL holders) are subject to federal DOT rules that prohibit marijuana use entirely
  • A medical card provides no protection for CDL drivers, who can lose federal driving privileges
  • Federal Medical Review Officers do not recognize state-issued medical cards
  • A DUI charge combined with a medical marijuana card may be used as evidence of use
  • Interstate travel with marijuana can raise federal trafficking concerns
  • Federal authorities can charge DUI offenses on federal roads, though it is uncommon

These conflicts can impact cases in Sioux Falls and across South Dakota.

What Should Patients Do During Traffic Stops In Sioux Falls?

If you are pulled over in Sioux Falls, it is important to understand your rights. You are only required to provide your driver’s license, registration and proof of insurance.

You should not volunteer additional information. Avoid admitting marijuana use, discussing medical conditions or consenting to vehicle searches. Do not assume your medical card will protect you from DUI charges.

Let Me Represent You

Kolbeck Law Office represents clients from Sioux Falls and throughout South Dakota. Dial 605-937-8376 to discuss your situation or fill in the contact form for personalized attention. I offer free consultations.