Risk Factors for Indiana Drivers Who Consume Legal CBD Oil

Posted on behalf of Pfeifer Morgan & Stesiak

on July 8, 2019

. Updated on November 2, 2022


Police approaching pulled over carWhen cannabidiol (CBD oil) was legalized in Indiana in July of last year, many residents suffering from various medical conditions were happy they could finally purchase this product legally to help them manage their symptoms. However, there is likely some confusion about state law on operating a motor vehicle after consuming CBD oil, considering marijuana is still illegal in our state. Drivers also need to know how consumption of CBD oil can affect their ability to safely operate their vehicles. Causing an accident because you are impaired is not only illegal, it could result in you and the occupants of the other vehicle suffering serious injuries.

Read on to learn more about the risk factors for drivers using CBD oil and how laws applying to driving under the influence of drugs have been affected by the legalization of CBD oil. If you get injured in a crash caused by a driver under the influence of alcohol or drugs, the South Bend car accident lawyers at Pfeifer, Morgan & Stesiak can discuss your legal options for pursuing compensation during a free consultation.

How Does Legal CBD Oil Affect the Body?

CBD oil is believed to have many therapeutic benefits, including aiding with such health conditions as epilepsy, insomnia, depression and anxiety. However, the U.S. Food and Drug Administration has not approved CBD oil for treating these or any other medical conditions.

Even though legal CBD oil contains 0.3 percent or less THC – this is the cannabinoid that can have psychoactive effects on the brain – this substance could cause side effects that are dangerous for drivers. These side effects could include drowsiness, feeling lightheaded or having low blood pressure.

These types of sedating side effects are most likely to occur after large doses of CBD. If you experience any of these kinds of effects after taking CBD oil, you may want to avoid driving and consult your doctor. You may need to adjust the dosage to avoid these side effects, as CBD affects each person differently.

Indiana Laws You Should Know

Indiana law prohibits CBD oil that contains more than 0.3 percent of THC. The law refers to this substance as low THC hemp extract and it is specifically excluded from the definition of marijuana, which is a controlled substance on Schedule I under state law.

Operating a vehicle under the influence of any controlled substance, or its metabolite, listed on Schedule I or II is a Class C misdemeanor. This Class C misdemeanor can lead to a sentence of up to 60 days in jail and a hefty fine of up to $500 for a first offense. Subsequent offenses are punished even more harshly.

Operating a vehicle in Indiana automatically implies consent to submit to a chemical test. Refusal may result in having your license immediately revoked and driving privileges suspended for a year.

How an Attorney Can Help After an Accident

If you were involved in a collision with a driver who consumed drugs or alcohol, the knowledgeable car accident lawyers at Pfeifer, Morgan & Stesiak can help. We can investigate your accident promptly and gather evidence to attempt to establish the fault of the other driver.

Since our experienced legal team provides services on a contingency-fee basis, you pay no upfront fees. We only charge legal fees if we successfully help you recover compensation for your claim. We can discuss your claim during a free, no-obligation consultation.

Do not hesitate to contact us to discuss your next steps. Call (574) 444-0741.

Pfeifer, Morgan & Stesiak

Serious Attorneys for Serious Cases