As our Los Angeles cannabis criminal defense lawyers can explain, the fact that someone tests positive for THC only shows that they used it at some point, but that could have been an hour ago, last night or last week. This has long been the bane of police and prosecutors in these cases, though some states have established arbitrary THC-blood concentration limits anyway.

Now, an Oakland business says they have a remedy. They are ramping up for the release of a new marijuana breathalyzer test that purportedly is able to nail down whether a motorist’s pot use occurred within a three-hour window. The company, Hound Labs is reportedly slated to start up a marijuana breathalyzer pilot program in Oklahoma, approved just last month by state lawmakers and the governor. California cities are eyeing the technology too.

The makers of this and other similar devices say it could also be used by employers who want to make sure their workers aren’t high on the job. This might be of particular interest to those who operate trucking, construction and warehousing operations.

Still, it’s not exactly clear how the device works and how accurate it is. While the program is still operating as a pilot, the THC concentration results won’t be admissible in court.

We do know that urine and hair samples, on which many companies and some prosecutors still rely, were designed some three decades ago. They can show that a worker or driver smoked marijuana at some point in the previous month, but they won’t show whether someone was impaired at the time of the test.

How Police Currently Test for Cannabis

Securing a conviction for cannabis-impaired driving has been problematic for California law enforcement officers since the 1960s, when marijuana swelled in popularity. Hound Labs reports that an estimated 15 million Americans have used cannabis within an hour of driving.

Yet most police in California don’t have a field test similar to an alcohol breathalyzer that can give them a swift, clear answer about whether someone is indeed intoxicated by marijuana. Instead, many departments rely on something called drug recognition officers (DREs). It takes special training to become a DRE, which teaches officers how to identify whether someone is impaired by drugs, legal or otherwise. Still, they are humans and they aren’t doctors or scientists. Errors happen.

Blood draws are a popular means of ascertaining what a driver has in their system, but it’s invasive and is also recognized as expensive and time-consuming for all involved. Thus, it’s often reserved only for serious offenses, in particular those involved with injurious or fatal crashes.

Some departments equip officers with cheek swabs to collect samples of saliva or hair sample testing kits. However, that’s still not a common practice and can be difficult to perform accurately on the roadside.

Absent a blood draw, urine sample or saliva draw – and the questions that can be raised about impairment – DRE officers themselves can testify quite effectively as expert witnesses. Still, some agencies insist a breathalyzer with sensitivity to marijuana impairment would be preferred in the field.

Difficulties in Building a Test for Marijuana Intoxication

Alcohol impairment devices are fairly effective in indicating whether someone is impaired. But the amount of THC in the body that can be intoxicating is 1 billion times less than the amount of alcohol it takes to make someone drunk.

Makes of pot breathalyzers have had to rely on pathologists and nanotechnologists who can study extremely small samples and know how to manipulate atoms and molecules.

Still, police in some areas say they aren’t eager to be the first on the bandwagon, preferring to wait and see how accurate it proves and whether any problems arise. Oklahoma, however, apparently isn’t waiting. Lawmakers in the state, which has legalized marijuana for medicinal use, approved a $300,000 expenditure to purchase, train and use the marijuana breathalyzer.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Driving while stoned? Marijuana breathalyzers expected to hit the street in 2020, Sept. 12, 2019, By Jim Guy, The Fresno Bee

State may launch marijuana breathalyzer pilot program, May 20, 2020, By Carmen Forman, The Oklahoman

There is no doubt that THC, the psychoactive compound in marijuana, can result in a person’s intoxication, weakening one’s ability to focus and react quickly. What is in doubt is the best way to ascertain whether someone has crossed that threshold. We know that a person with a blood-alcohol concentration of 0.08 percent or higher can be reasonably judged as intoxicated, based on the science of how we know alcohol moves through the body – very quickly. But this kind of measurement of THC concentration won’t give you an exact answer because the drug is processed through the body at a much slower rate. It remains detectable in the body not just for hours but days or weeks, the concentration level a potential indicator of whether one is a regular user but not an accurate indication that one is too impaired to drive.

Despite this, at least five states have adopted a so-called “per se” law that outlaws driving if one’s blood level of THC exceeds a set amount. Most others, including California, are relying heavily on the training and testimony of “drug recognition experts.” Their methodology includes a series of assessments, including the standard field sobriety test, which might include exercises like the one-leg stand. Civil rights activists in several states have questioned whether DRE training is adequate and whether the program used to validate the results is backed by both the medical and scientific community. The New Jersey Supreme Court is slated to consider one such case in the coming months.

Some reported methods and justifications given by DREs are extremely troubling. Consider, for instance, the “green tongue” standard. USA Today reported that in numerous DUI cases across the country, law enforcement indicated green coating on the suspect’s tongue as an indicator of impairment. This is taught in DRE courses across the world – yet there is no cited scientific basis for it. There is no indication that a green tongue is an indicator of marijuana ingestion, let alone intoxication. In fact, the Washington Court of Appeals ruled in a 2000 marijuana DUI arrest case that the trooper’s reported observation of the driver’s green tongue wasn’t enough reasonable suspicion to rise to the level of searching a vehicle. “…We are skeptical as to its accuracy and find no case stating that marijuana usage leads to a green tongue.” The Utah Court of Appeals reached the same conclusion in a 2004 marijuana DUI case.

A former DRE in Los Angeles said the origins of the green tongue theory came from a 1986 handbook published by the California Highway Patrol, which showed a picture of a “green-coating tongue of a marihuana-hashish smoker.” He was quoted as saying he’s only ever seen one case of a green-tongued marijuana user in his career – on St. Patrick’s Day, when the driver had been smoking marijuana but also drinking green beer.

There are also two peer-reviewed articles that law enforcement agencies sometimes cite – but neither was specifically looking to establish that smoking marijuana causes a green coating on the tongue.

Although this indicator has been listed in law enforcement training manuals as recently as 2015, most stipulate that there should be more than one indicator. Similarly, the smell of marijuana alone is likely an unwise indicator of intoxication, particularly given how many states have moved to legalize the drug.

With more states increasingly legalizing marijuana for recreation, we’re likely to see an increase in marijuana DUI cases. A recent study by the AAA Foundation for Traffic Safety indicated there are a growing number of crashes involving drivers who test positive for marijuana after a state legalizes a drug. We must consider that with legalization, the overall population of drivers would show higher rates of those testing positive for the drug – because it’s more readily accessible. However, we must bear in mind again that testing positive for the drug doesn’t automatically mean the driver was impaired.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Smoking weed: When is someone too high to drive? Jan. 3, 2020, Kaiser Health News

A new study conducted by the Insurance Institute for Highway Safety conducted a recent study of some 2,000 drivers in Washington state, California’s northern neighbor which also allows recreational marijuana use, and discovered approximately 14 percent of those with children in their vehicle tested positive for THC, which of course is the component of cannabis that gets users high. NBC News reported was far higher than the number who tested positive for alcohol, which was a about 0.2 percent of those with children in their vehicles.

It’s worth noting, of course, that alcohol and marijuana have two very different effects on the body, which means these figures are somewhat alarmist in nature. If it were possible to test the number of drivers who had consumed alcohol at some point in the last several days or weeks, no doubt the actual number of those would be much higher, and we’d have more of an apples-to-apples comparison.

While alcohol is processed quickly through the bloodstream, marijuana (and in turn, THC) lingers. In effect, a person who tests positive for marijuana may not necessarily be impaired, but merely has consumed the drug at some point in the last few days or even weeks.

Los Angeles cannabis DUI attorneys know that determining who was actually “stoned” behind the wheel is much trickier because of how long marijuana stays in the body – even long after the high has worn off.

Of course, it’s true that marijuana interferes with one’s driving skills. As noted in a 2009 study published in The American Journal on Addictions, marijuana absolutely can acutely impair one’s reaction time and other cognitive functions critical to driving. They did find that the effect between individuals varies significantly compared to alcohol due to differences in tolerance, the way the drug is consumed and variations in dosing.

THC-impaired drivers did often try to compensate – and rather effectively – for impairment by utilizing strategies like driving more slowly, passing less frequently and allowing more space between their vehicles and those ahead. However, whatever benefit is gained from that is tossed if one also combines THC with alcohol.

That doesn’t mean you’re going to catch a break from county or city police in Los Angeles if you’re deemed impaired by marijuana according to statute.

Driving Under the Influence of California Cannabis

California Vehicle Code 23152(f) prohibits driving under the influence of marijuana. It is a crime to do so, and penalties are the same as they would be for driving under the influence of alcohol. (Proving intoxication tends to be tougher, though, for the reasons aforementioned.)

For a first-offense, defendant can serve up to six months in jail with a maximum fine of $1,000, a 9-month stint in DUI school and 10 months of a suspended and/or restricted license. Penalties will be more severe if you have a minor in the vehicle.

To be impaired means to have one’s physical and/or mental capacities impaired by the drug(s) to the point he/she is not able to operate a motor vehicle with the caution of a sober person using ordinary care in similar circumstances. This is a largely subjective standard. While the level of THC in one’s system can be used as evidence in a California marijuana DUI case, it is not proof-positive. An increasing number of departments in the state have trained/hired drug recognition experts on their police forces specifically to boost credibility of officer testimony.

As our Los Angeles marijuana DUI lawyers can explain, simply sitting behind the wheel of a car – even with the engine running – in and of itself isn’t proof of “driving,” for purposes of the statute, though it can be used as circumstantial evidence.

How Much Does Marijuana Truly Contribute to California Traffic Crashes?

It’s tough to quantify just how much of a role marijuana plays in motor vehicle accidents in California – or anywhere – because:

• Those who test positive for THC in blood or urine aren’t necessarily high (and there isn’t yet an objective biological test for impairment);
• Those who have marijuana in their system often have consumed multiple substances.

Part of what makes it confusing for drivers in states that allow legal marijuana is that there is no set amount or what is a safe amount to consume before driving.

One slogan being touted by the U.S. National Highway Traffic Safety Administration is that, “If you feel different, you drive different.” That’s a good notion to keep in mind, but it’s not the criminal standard for impairment on California roads. The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734. Additional Resources: Many drivers who test positive for marijuana have a child in the car, survey finds, April 25, 2019, NBC News More Blog Entries: Los Angeles, West Hollywood, Weigh Allowing Pot Smoking in Public, March 12, 2019, Los Angeles Marijuana DUI Lawyer Blog

There is currently no accepted scientific test that “proves” impairment by THC, the blood, urine or breath tests do with alcohol. That’s because alcohol moves through the human body at a much more rapid rate than THC, which means if it is detected in the system in high concentrations, intoxication is almost positive. THC concentration doesn’t tell us the same because the chemical can remain in the body for weeks or even months after consumption, particularly if one is a regular consumer of marijuana.

With the help of a nearly $1 million grant form the California Office of Traffic Safety via the National Highway Traffic Safety Administration (NHTSA), the agency that seeks to curb drunk driving and slash the number of drug- and alcohol-related deaths and injuries across the U.S. This year’s grant is $100,000 more than the last. The funding is allocated for training and in some instances prosecuting cases of drug-impaired driving that results in death. Additionally, the grant will help train police agencies and boost the number of officers in Los Angeles County who are considered certified drug recognition experts (DREs).

How Officers Detect Drug-Impaired Driving

It is never safe to drive under the influence of any substance – alcohol or drugs. Both are illegal, per 23152a VC. The problem is determining when someone is impaired after using cannabis.

As noted by a study in The American Journal on Addictions, drunk driving is associated with 25 percent more motor vehicle deaths than drivers who are sober. Although many of those drivers may also test positive for cannabis, those who are solely under the influence of cannabis tend to be involved in fewer crashes. The combination tends to be more hazardous than either on their own, but one-to-one, alcohol tends to be more dangerous.

That said, the Centers for Disease Control and Prevention note that marijuana is the substance most commonly linked to drugged driving, but mostly because so many people use it. Marijuana can slow one’s reaction time, distort perception and create problem-solving difficulties. However, even the CDC points out there is no accurate roadside test for drug levels in the body because marijuana can stay in one’s system for a long time, depending on how much and how often a person uses.

Drug recognition “experts” are trained via a 12-step procedure to identify whether a certain category of drug is causing a person to be impaired. The reason we put expert in quotations is because this still isn’t a sure-fire way to detect intoxication by a certain drug, and the observations are still largely subjective. Los Angeles marijuana DUI lawyers are fully aware the credibility of methods has been questioned in court has unreliable, and such testimony isn’t even accepted in all jurisdictions.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Funding Increased For Prosecution Of DUI Cases Involving Marijuana, Other Drugs, Dec. 3, 2018, CBS-2 Los Angeles

More Blog Entries:

Report: Federal Marijuana Arrest Data Overstates Problem by 70 Percent, Oct. 19, 2018, Los Angeles Marijuana DUI Defense Attorney Blog

If you’re going to purchase, use or possess legal marijuana in Los Angeles, it’s a good idea to get educated on the provisions of state law that specifically pertain to marijuana DUI and possession of marijuana in a vehicle. And if you run afoul of the law for any reason, your first phone call should be to a long-time Southern California criminal defense attorney committed to bolstering the rights of marijuana users, retailers and growers.

California Vehicle Code 23222(b) VC Driving in Possession of Marijuana

California law now allows individuals to possess up to 1 ounce of marijuana or 8 grams of concentrated cannabis (also known as hashish) so long as they are over the age of 21. However, as our Los Angeles marijuana DUI defense attorneys can explain, there are some stringent rules for both possession of marijuana in a vehicle and driving under the influence of marijuana.

is the provision of state law that makes it illegal drive OR ride with marijuana that is either not in a container or in a container wherein the seal is broken. Violation of this provision can be penalized by a maximum fine of up to $100. For the most part, however, most police agencies as well as deputies with the California Highway Patrol don’t enforce this much, assuming the driver is in compliance with either the state’s recreational marijuana law or medical marijuana law.

As our L.A. marijuana defense attorneys have had to explain, however, if you possess more than the minimum amount of legal marijuana. The most you can possess is 28.5 grams of marijuana OR 4 grams of concentrated cannabis. Anything i excess of that, and police will not consider you to be in possession of the drug, “as authorized by law.”

Penalty for driving in possession of more than a legal amount of marijuana under state vehicle code is a fine. However, you could also be charged with a misdemeanor, under provisions of HS 11357, which could mean fine of up to $500 and up to six months in jail.

You could also face misdemeanor penalties for driving in excess of the maximum amount in a school or on school grounds – $250 for a first-time offense and $500 plus up to 10 days in jail for a second offense.

Driving in Possession of Marijuana While Under 21

California law prohibits possession of any marijuana for persons under the age 21, and if you’re driving while doing so, you could face additional punishment. The only exception is if the reason you have the drug is you are using it for medicinal purposes and have a prescription.

For example, if you’re under 18 and don’t have a medical marijuana card, the penalty is 10 hours of community service and 4 hours of drug abuse counseling. A second offense will garner 20 hours of community service and 8 hours of drug abuse counseling. If you’re at least 18 but under the age of 21, you’ll also be charged $100 fine.

Now, let’s say you’re under 18, don’t have a medical marijuana prescription and have more than 28.5 grams of marijuana. In that case, penalty is 40 hours of community service and 8 hours of drug abuse counseling. A second offense will be 60 hours of community service, plus 6 hours of drug counseling.

Marijuana DUI

Marijuana DUI is one of the more complicated situations because – how does a police officer determine when you’ve consumed more marijuana than you should? There is no per se limit, like with alcohol. Blood tests will only tell you whether you have consumed the drug, but don’t give an accurate reading of your intoxication level. That means police have to try to read you – your eye contact, your speech, your body language – to determine whether you are impaired. It’s awfully subjective – which means these cases are often highly defensible.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

The Control, Regulate and Tax Adult Use of Marijuana Act, Commission on Peace Officer Standards and Training

More Blog Entries:

Marijuana Lawyers Seek Reversal of Arizona Cannabis Conviction, Sept. 20, 2018, Los Angeles Marijuana Lawyer Blog

understand how marijuana use impairs driving. The study is the largest of its kind and seeks to gather some hard data on levels of cannabis and impacts on common driving scenarios, according to High Times. Participants will be paid for a full-day driving assessment in which they will smoke a joint before completing a variety of simulated driving scenarios. The joints are rolled on site, and each has a varying level of THC concentrations carefully monitored by the researchers.

The study has two aims: to gather data on how different cannabis concentrations affect different drivers and to examine how long the high from THC will continue to affect the driver to the point of impairment, if at all. These answers are so crucial in the on-going efforts to legalize marijuana nationwide. A huge roadblock for many politicians, even the ones who do not fall for weak anti-marijuana propaganda, is the uncertainty about how to regulate marijuana usage on the roads. Methods that commonly are used to test for marijuana can detect it in a person’s system for up to two weeks. Clearly a person would not be too impaired to drive for 14 days after consuming marijuana. Therefore, law enforcement officers must rely on field sobriety tests to determine cannabis-related impairment. Their current tests, however, are largely geared toward alcohol or drugs that create a deep level of impairment. The effects of cannabis are often softer and less clear. Participants in this study will take a field sobriety test after smoking and completing driving tests, which in turn could help officers fine-tune their own tests to more effectively identify impairment for marijuana users.Besides regulation efforts, most marijuana consumers are responsible users who want information on how to best monitor themselves and make good decisions about driving. When a person is given a strong prescription, the label has a warning if the patient should not drive or operate machinery. Alcohol labels show the proof on the label, and people begin to learn even before they are 21 about the ways alcohol affects the body and how to safely consume it once they hit a legal age. Cannabis users want similar safety information, and they want it to be realistic and not overly cautious to the point of ridiculousness.

This study will just be the tip of the iceberg when it comes to analyzing cannabis use and driving. As our L.A. marijuana DUI lawyers know, there are many more ways to consume cannabis than just smoking a joint, and each one affects the body differently. Edibles, vaping, lotions, tinctures — they each vary greatly in the ways they work, how long they take to feel the effects, and how long the sensation lasts. This study is an important beginning to research into cannabis safety, but there will be much more work ahead of us. Our team of marijuana DUI defense attorneys understand the many factors at play when it comes to marijuana and driving. If you are arrested for a cannabis-related DUI, our attorneys are prepared to use our vast knowledge and experience to build your case.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

Massive Study On Driving High To Take Place In California, July 27, 2018, By Paul Gaita, The Fix

More Blog Entries:

Pennsylvania Must Ditch Harsh Marijuana DUI Law, June 17, 2018, Cannabis Law Group

available to all adults on the infamous marijuana holiday of 4/20. While it is perfectly legal to enjoy the festivities, our experienced attorneys also know that Proposition 64 is not a free pass on all pot-related activities. Before imbibing in a safe and responsible way, keep in mind the laws remaining on the books per the CA Health and Safety Code, Division 10, Ch. 6, Article 2 could still result in criminal charges or civil citations.

The following is a list of a few major restrictions to keep in mind when enjoying the perks of recreational marijuana in California:

1. Public consumption: It is still generally illegal to ingest, smoke, or vaporize weed in a public place. There are some exceptions for state-licensed facilities with permission from local governments. Further, any non-smoking area is also off limits for smoking or vaporizing marijuana. It is also forbidden within 1,000 feet of a day care or school occupied by children (unless you are inside a private residence that falls within that perimeter).
2. Drugged driving: It should be a no-brainer that it is illegal to drive while under the influence of cannabis. As a recent article from The Sacramento Bee points out, taking one puff or consuming a small amount is not likely to cause impairment, much like a little alcohol is typically fine. However, it is more difficult to know where that line exists with marijuana. THC levels can vary widely, making it less clear what dose a person can consume without impairment. Marijuana can also set in slowly, meaning it could hit well after consumption, possibly while you’re on the road. This makes it difficult to judge simply by how you feel before you get in the car.Just like alcohol, drivers should be aware that open container laws also apply to cannabis. Open or unsealed containers of marijuana must be kept in the trunk, with the exception of those with a medical marijuana card. In those instances, cannabis can be in the main part of the vehicle, but still must be in a closed container. Our attorneys cannot emphasize enough, these laws also apply to passengers. The laws also apply to other motor vehicles, like boats and aircrafts.
3. Age restriction: You must be 21 years of age or older to consume cannabis recreationally. Period. The reasons for this restriction are not simply adults trying to ruin all the fun. Cannabis has been shown to potentially have a negative effect on developing brains, making young people who consume marijuana more susceptible to certain disorders.
4. Drug-free workplaces: Even if you have a super cool boss who doesn’t drug test and doesn’t mind if you use recreationally in your free time, chances are they do not approve of being under the influence while on the job. Don’t lose your career over something that can just as easily be enjoyed on your own time. And be extra cautious if you do not have a cool boss. California does not yet have in place protections for workers who test positive for cannabis, even though it’s legal in the state.

Our Los Angeles marijuana criminal defense lawyers first and foremost want everyone who is celebrating the “high holy day” to do so in a way that is safe. If you do find yourself in trouble, you need a skilled defense attorney like ours on your side who has the experience to provide strong representation for all marijuana-related criminal offenses.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

California Cannabis Laws, California NORML

More Blog Entries:

Los Angeles Marijuana Lawyers Available to Represent 4/20 Arrestees, April 24, 2013, Los Angeles Marijuana Lawyers Blog

A group of researchers from the University of Colorado Boulder are teaming up with a researcher from Colorado State University to explore this highly potent method of using marijuana. CSU notes this study is a “first-of-its-kind,” and the hope is to eventually prevent instances of driving under the influence that endangers lives.

Our L.A. marijuana defense attorneys recognize that our state, like Colorado, has a vested interest in enforcing anti-impairment laws for motorists. After all, we know marijuana has the ability to impair one’s driving abilities and we know impaired drivers have slower reaction times and lowered inhibitions that can endanger passengers and other motorists. However, the problem specifically when it comes to marijuana impairment behind the wheel is that the determination is subjective.

California Vehicle Code 23152(f) holds that it is unlawful for anyone who is “under the influence” of any drug (including marijuana) to drive a vehicle. Unlike other jurisdictions, California does not set a per se limit on how much marijuana one can have in their blood before being deemed above the legal limitation. Proposition 64, which legalized marijuana even for recreational use, did not alter this statute, which can result in a maximum 6 months in county jail, among other penalties, for a first-time offense.

There are a number of marijuana DUI defenses our attorneys can help you raise, including:

• You weren’t driving the vehicle;
• You didn’t use marijuana;
• You used marijuana but were not under the influence when you drove;
• Lacking evidence that your mental and physical abilities were significantly impaired.

The exact defense raised will depend on the facts of your case.

The Colorado study looks specifically at the practice of dabbing. This is when a user inhales cannabis concentrates (70 to 90 percent comprised of THC) that are vaporized, providing an immediate rush that users describe as very strong. The study authors assert this type of research is necessary because while the practice of dabbing has expanded significantly in recent years, the research on it has been scant.

For three years with $840,000 in funding provided by the state health department, researchers are seeking existing dabbers; the team did not provide or administer the drug, as this was an observational and not a clinical study. Researchers sought to identify the effect of dabbing on motor function and reaction time. They looked at individuals’ ability to maintain balance or rapidly move their arms, fingers or legs, using information collected via an app on an iPod Touch that was affixed to the individual’s body (noting the $200 iPod device was as accurate as the $1,000 accelerometer in university labs).

Participants are being asked to complete a series of 10 tests in order to glean an accurate read of participants’ overall cognition and motor abilities.

There is little question that “dabbing and driving” is likely to be extremely dangerous, but there are still many factors that could play into whether someone is indeed “under the influence.” That would include the potency of the product consumed, the tolerance level of the user and how much time passed after use.

Previous research on the effects of THC on drivers have largely been inconclusive, and most indicate the need for additional study.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

An iPod in a van may uncover how dabbing cannabis can impair driving ability, Nov. 29, 2017, By Lena Ham, Colorado State University

More Blog Entries:

Tax Rate Fears Worry Some in Cannabis Industry, Nov. 22, 2017, L.A. Marijuana Lawyer Blog

According to a recent news article from NBC 4 News, a dispensary in North Hollywood was robbed in what police have described as a takeover robbery. The alleged offense involved four suspects, two male and two females who rushed into the Los Angeles medical marijuana dispensary with various firearms and took large amounts of cash and marijuana. During the robbery, the suspects attempted to destroy the security cameras, but it appears that some footage was captured prior to that. A worker at the dispensary allegedly recognized one of the suspects as a regular patient at the dispensary. When the police were called, they stopped a vehicle matching the description of the suspect’s vehicle, but it was not the correct car.As our Los Angeles medical marijuana lawyers can explain, banks that are insured by the Federal Deposit Insurance Corporation (FDIC), which is basically all banks except for credit unions that are FCUA insured, are prohibited under federal regulations from engaging in monetary transactions in property derived from specified unlawful activity pursuant to Section 1957 of Regulated Acts 8000.

This means that if a bank were to allow a medical marijuana business to open an account, even though it is legal under California law, it would be taking money from a specified unlawful activity and would lose their FDIC insurance. FDIC insurance protects everyone’s account up to a certain limit if something happened that caused their money to be lost. Since nobody would deposit money in a bank that was not FDIC or FCUA insured, the bank would basically go out of business. With respect to the specified unlawful activity, Subsection (f)(2) states that any property (money) deprived from proceeds of an illegal activity which is the sale of drugs illegal under the USCSA.

There have been several attempts by members in Congress to make an exception to the FDIC regulations so that medical marijuana business could have bank accounts in states where marijuana is legal, but these efforts have largely stalled in committee. There is a more recent effort that has not gotten anywhere either. Hopefully this will change in the near future because this is a very serious issues facing medical marijuana businesses in Los Angeles.

The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Legal marijuana creates and industry for new breathalyzers, October 24, 2017, by Lauren Silverman, Marketplace

More Blog Entries:

Banking Regulations Leave the Marijuana Industry Subject to Violent Crime, August 14, 2017, by Cannabis Law Group

A new ordinance was preliminarily approved by the Orange County Board of Supervisors with all but one supervisor voting in opposition to the proposed measure. Supervisor Shaw Nelson argued that this proposed ordinance is contrary to the desires of the voters of California who voted to legalize the sale of recreational marijuana in our state.As our Orange County marijuana business lawyers can explain, it was through the passage of Proposition 64 that recreational sales distribution will be made legal in 2018. Specifically, the law legalizes the use of marijuana by adults age 21 or older, and also imposes state tax on the sale and cultivation of marijuana. It also created a licensing body and a established a series of regulations for the sale and distribution of marijuana and marijuana products. This is not only expected to raise possibly billions of dollars in tax revenue for the state, but it is also designed to reduce the money spent on crime prevention involving the sale and distribution of marijuana in our state.

With respect to cultivation of marijuana, a private resident, without the need for any additional licensing, will be allowed to grow a maximum of six plants at any given time. However, in the cases of commercial cultivators and distributors, business licenses and Conditional Use Permits (CUPs) will be required. There will also be a requirement that the area in which the marijuana is being grown commercially is zoned appropriately for such reason. As we have seen in the past, if a government agency or official wishes to close down a grow operation or dispensary, they may have code enforcement red tag the business as a zone violator. This makes it much easier to close the business through the administrative process.

The best thing a person or company planning on entering the medical marijuana business in Orange County can do is to speak with an experienced medical marijuana lawyer as early in process as possible to make sure all laws and regulations are being followed. There are however, a couple of things to keep in mind when selecting a lawyer to represent you and your business. You want to choose a marijuana business attorney who has been working in this sector for years and actually knows what will happen. There are far too many lawyers trying to enter the market late now that it is big business and they may not be in the best position to advise prospective business owners. Another thing to keep in mind, is that marijuana is still listed on Schedule One of the U.S. Controlled Substances Act (USCSA) or 1970, which mean that the federal government can possibly enforce these law. The reason we say possibly enforce them is that congress has issued orders that the U.S. Department of Justice shall not spend money enforcing marijuana laws in states where it is legal. However, Attorney General Jeff Sessions has stated he is not bound by these orders.

The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Orange County takes a step toward banning pot sales and distribution in unincorporated areas, November 15, 2017, Los Angeles Times

More Blog Entries:

How California Marijuana Growers Are Rebuilding Their Businesses After Devastating Wildfires, October 21, 2017, by Cannabis Law Group

When someone is driving while intoxicated by liquor, there is no question as to the effects alcohol has on a person’s ability to drive, and the National Highway Traffic Safety Administration (NHTSA) has amassed decades of research. For example, at .08, which is the legal limit in California, a person will have poor muscle coordination, having trouble detecting danger, a lack of judgement and self-control, impaired ability to concentrate and many other physical and mental issues that makes it dangerous to drive. As our Los Angeles marijuana DUI defense attorneys can explain, it should be much harder to prove that a person was under the influence of marijuana at the time they were driving. The tests that are currently used, including blood or urine, will tell that a person had used marijuana at some point in the past few weeks, but it will not tell whether the person was under the influence of marijuana at the time of the arrest. This is because the test is looking for a metabolite of THC, and not THC itself.

According to a recent news article form Marketplace, legal marijuana industry in California and across the country is creating a need for some type of rapid testing instrument that can tell if a person is currently under the influence of THC such as a marijuana breathalyzer.

There are already some marijuana testing devices on the market such one that tests saliva, but that only tests for the presence of THC and it does not detect levels of intoxication. This also leads to another issues in that there is no set standard for how marijuana effects the human body at different levels. One person may have a very different tolerance than another and, unlike with alcohol, we do not have decades of research. Most people would not even know what scale would be used to measure marijuana intoxication.

There is a company in Canada that is working on an actual marijuana breath test, it will be long time before it actually used and allowed in court as evidence, should that ever happen. Any attempt to introduce the scores of a marijuana breath test would be challenged as there would need to be a showing that the devices are accurate based upon peer-reviewed, repeatable results. This would take a long time to establish and there would be many challenges as the accuracy of the devices themselves even if the underlying science would proven sound.

The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Legal marijuana creates and industry for new breathalyzers, October 24, 2017, by Lauren Silverman, Marketplace

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Banking Regulations Leave the Marijuana Industry Subject to Violent Crime, August 14, 2017, by Cannabis Law Group

The Preliminary Determinations in a DUI Investigation

Before determining if a driver is impaired, law enforcement officers must first determine whether the driver has a legal right to possess or consume marijuana at all. Prior to November 9, 2016, California drivers could only do so by the possession of a valid medical marijuana card. Now – with the legalization of recreational marijuana – any person in California may possess up to one ounce of marijuana or six plants. An officer who pulls over a California driver on suspicion of DUI must therefore first determine: (a) if there is marijuana in the vehicle, and (b) whether it exceeds the legal limit.

While Californians may have a right to possess marijuana, it is still illegal to drive with an open container of marijuana in the vehicle. According to the Sacramento Bee, this applies to any receptacles or marijuana products that are open, have previously been opened, or have a broken seal.

The Unclear Science of Marijuana Impairment

Once an officer clarifies the preliminary matters of possession, he or she must determine whether the driver has actually been impaired by marijuana use. This is an inexact process, because unlike alcohol, there is no scientific standard by which impairment can be definitely established for marijuana. The blood alcohol level of .08 has been correlated with the impairment of driving abilities, and this finding has been corroborated over decades of research data. No such level has been identified for marijuana.

In the absence of expanded funding and research for marijuana impairment, it falls to individual officers to determine whether a driver is impaired based upon simple observation. Cars.com reports on the findings of a safety panel assembled by the Governors Highway Safety Association and National Highway Traffic Safety Administration. Among other recommendations, this panel of thirty-seven experts advocated for detailed observations and notes from officers on the scene. They also recommended a field sobriety test for marijuana, to allow an officer to support his or her objective observations with subjective test results.

Of course, law enforcement officers are not the only people who can benefit from learning the signs of impairment. The panel recommended education for prosecutors, judges, and the public at large. Such training will enhance the efficacy of DUI prosecutions, and my increasing public awareness, reduce the number of prosecutions that become necessary.

Because there are not yet clear laws about driving while under the influence of marijuana, defendants can face serious penalties without scientific proof of impairment.

The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Pot Panel Recommends Highway Safety Measures, June 27, 2017, by Kelsey Mays, Cars.com

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Why Marijuana Sobriety Tests are So Unreliable, December 12, 2016, by Cannabis Law Group