One of the main problems is the lack of a reliable quantifiable standard to gauge intoxication. With alcohol, adults over 21 in all 50 states are considered impaired by alcohol if their blood concentration of the substance is 0.08 percent or higher. This is called the per se limit.

As our marijuana DUI defense lawyers can explain, there is no per se limit for marijuana in California or in most other states, whether the drug is legal or not. Even in states where there is a per se limit, such evidence can be vexing for prosecutors because it’s undeniably inaccurate when it comes to actually proving intoxication. Unlike alcohol, which dissipates very quickly from the bloodstream, THC (the intoxicating element in marijuana) is processed much slower by the body. A person may have used the drug the day before – or use it regularly – and no longer be intoxicated, but still meet the per se threshold.

The other issue is that because marijuana is legal, the mere smell of it is no longer enough to form the basis of reasonable suspicion necessary to conduct a search of a vehicle and/or person.

Bruce Landsberg, vice chairman of the National Transportation Safety Board, stated these aspects of marijuana legalization has raised the concern that our roads may no longer be as safe. The fact is, he said, we understand less about cannabis’ intoxicating properties – and how to accurately measure it biologically – than we do alcohol. This has resulted in practical concerns in terms of enforcement.

Enforcing California Marijuana DUI Law

In California, Vehicle Code 23152f prohibits anyone from driving under the influence of drugs. Proving it in court, however, can be another matter altogether.

Police agencies have expressed worry that absent any quantifiable standard to measure cannabis intoxication, those arrested for driving under the influence of it will be rejected by the courts. In fact, as our Los Angeles marijuana DUI lawyers can explain, this has happened in a number of cases throughout the country where police officers weren’t experts on assessing the effects of marijuana use.

There are ways to ascertain whether a motorist is impaired by marijuana, including Standardized Field Sobriety Testing. Additionally, officers can be trained as Drug Recognition Experts. But both of these are non-chemical and, in truth, somewhat subjective and open to interpretation in court. Plus, DRE training can be costly and not every agency can afford it. Ultimately, the science has not been developed yet to determine what THC level in a person’s body can definitively tell us whether someone is intoxicated – and we may never have it, given that one’s body chemistry and personal tolerance vary so significantly.

Even if an accurate per se limit could be identified, the reality is there is no accurate roadside test to detect it. There are some devices on the market, but they have been successfully challenged in court cases. A California company does plan to release a THC-detecting breathalyzer on the market sometime next year, but again, the presence of the drug alone isn’t proof positive of impairment.

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:

Feds worry about catching those driving while high in states that legalize weed, By Jonathan D. Salant, NJ.com

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