Of course, as our Los Angeles cannabis DUI lawyers can explain, a big part of the reason for that is because it’s none so simple to establish marijuana intoxication simply based on the levels of psychoactive THC in one’s body. Unlike alcohol, which cycles through the body very quickly, THC remains traceable for weeks after consumption. A 0.08 percent blood-alcohol level would likely indicate recent excess alcohol consumption. But the same isn’t true for THC. Person A might have higher levels of THC in their bloodstream than Person B, but still be less intoxicated. The level of THC in one’s system simply doesn’t tell the whole story, particularly if one is a regular cannabis consumer.

Despite this, 18 other states have imposed some sort of limit on the amount of THC drivers can have in their bloodstream before they’re considered “under the influence” of cannabis. (THC, of course, is short for tetrahydrocannabinol, the element contained in marijuana that creates the “high.”)

There are some safe driving advocates trying to change that. One of those is the family of a 25-year-old who died tragically in a California car accident in 2020 – a passenger in a truck driven by her boyfriend. He would later say he saw an animal, jerked the steering wheel, and crashed into another vehicle – totaling his truck and killing his girlfriend instantly. The woman’s father believes the boyfriend was stoned, and he’d even spoken to his daughter about not getting into the car with her boyfriend when he’d been consuming cannabis. Her mother said she’d spoken directly to the boyfriend about what they recognized as a serious safety issue.

The boyfriend, according to a local news outlet, reportedly conceded that he’d consumed marijuana the day of the crash – but he was a habitual user of cannabis and his consumption had been earlier in the day. He insisted he was not impaired.

Authorities didn’t buy his story initially, and charged him with felony DUI. However, with no legal limits on THC, prosecutors had a weaker case. He ultimately pleaded guilty to vehicular manslaughter and served one year in jail. It was reportedly the second time a passenger of his died in a crash; the first time was in 2010.

Investigators say his blood-THC level was 18 nanograms. The THC legal limit for drivers in other states is 5 nanograms. But again, as our Los Angeles DUI cannabis lawyers can explain, that doesn’t necessarily mean the driver was impaired. And there’s bipartisan agreement on this from legislators. Numerous studies have been conducted that conclude if you’re trying to ascertain the level of impairment, a sole reliance on the amount of THC in one’s system would be inconclusive. A person’s impairment might last several hours after consuming cannabis, but the THC in one’s system is going to persist in one’s system for much longer than that.

So while the cases like the one mentioned in this article are undoubtedly tragic and devastating for families, broadening California’s marijuana DUI laws would likely have the consequence of prosecuting people for impaired driving when they weren’t truly impaired – and that is not justice.

It’s worth noting that the State of California has set aside $2 million for research this year on the impacts of THC on drivers to determine whether some sort of a fair standard for intoxication can be identified.

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:

Marijuana and driving: California lacks legal THC limit, March 6, 2023, By David Goldstein, CBS News Los Angeles

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

But when it comes to driving while under the influence of marijuana, states are a bit all over the place. For example, there are six states in all that impose limits on how much THC (the primary psychoactive ingredient in cannabis) a driver may have in his or her system before he or she is deemed impaired. Twelve states have zero tolerance policies, which means any amount of THC in a driver’s blood is going to be used as proof the driver was impaired. The majority of states don’t have any concrete laws concerning marijuana and motorists, say the Governors Highway Safety Association (GHSA).

The primary issue is the point at which a driver is considered “impaired.” A recent analysis conducted by Nerdwallet revealed that while the standards ascertaining intoxication vary wildly, the one thing any driver arrested for driving under the influence of marijuana can expect: Higher auto insurance rates.

Drivers convicted of operating a vehicle under the influence of marijuana are going to pay court costs and fines, drug treatment program costs, probably a driver’s license reinstatement fee and other penalties. A single first-time offense can easily result in several thousand dollars lost – an expense most people can scarcely afford. All that seems especially unfair when we know that the process for determining impairment is so unreliable. Unlike alcohol, which is processed quickly through the bloodstream, THC lingers in the body for days or even weeks. That means someone who used the drug a week ago could still have it in his or her system, even though they are in no way impaired and even when they are consuming the drug for medicinal purposes.

In California, auto insurance rates were the most keenly affected by a medical marijuana DUI. The average driver in California with a clean driving record is going to pay about $1,133 annually on car insurance. By contrast, an average driver who has one conviction for driving under the influence of drugs is going to pay about $2,636 a year – a 132 percent increase. Someone with a second driving under the influence of drugs conviction is going to pay about $2,985 a year for car insurance, which is another 13 percent increase, and a 163 percent increase from the original. That’s more than anywhere else in the country.

Some drivers think that they may be better off simply pleading guilty to spare themselves the legal expenses. But when you look at it like this, that conviction ends up being more costly than it might have seemed at first blush. Plus, many drivers facing DUI charges overlook the fact that there are a host of valid and often successful defenses that can be employed, particularly in a case that alleges marijuana intoxication. Again, it all goes back to the arbitrary nature of those aforementioned THC limits. California doesn’t have any such limits, but prosecutors will still often argue that any marijuana in one’s system is proof of impairment. It’s not.

If you are arrested for marijuana DUI in L.A., we can help.

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

Additional Resources:

A Few Hundred Good Reasons to Avoid a Marijuana DUI, Aug. 16, 2016, By Alex Glenn, NerdWallet

More Blog Entries:

Marijuana Legalization and Employer Drug-Testing Policies, Aug. 4, 2016, L.A. Marijuana Lawyer Blog