Marijuana DUI Lawyer
After almost 30 years of medical marijuana in California, in 2018 it became legal for adult use (21+). That said, driving while under the influence of marijuana is illegal, and being enforced more and more. One of my favorite case calls was a young man who on January 1st 2018 was driving in Los Angeles and pulled up next to a cop car at a red light. He and the officer exchanged looks, and the young driver decided to roll down his window and exclaim “PROP 64!!!”, and with a thumbs up took a huge hit of a joint. The cop smiled, activated his headlights and arrested him for DUI.
Driving under the influence of marijuana or other drugs falls under California Vehicle Code section 23152 subsection (f) which states: “It is unlawful for a person who is under the influence of any drug to drive a vehicle.” Section (g) states: “It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.”
Driving under the influence cases begin with a vehicle in motion that is, more often then not, observed violating a traffic statute. When the police pull the driver over the case against them has begun. Anything seen, smelt, said, heard or observed can, and very well may, be used to validate an officer’s suspicion and cause a DUI investigation. As a marijuana user, however frequent, it is crucial that you know what to say and what to do.
California law enforcement along with the National Highway Traffic Safety Administration (NHTSA) are supposedly trying to develop a breathalyzer device to detect Marijuana in suspected drivers. This technology isn’t here yet, but even when it arrives, it’s accuracy will be debatable. Tetrahydrocannabinol is a complicated chemical compound that has varying effects in users. The psychoactive effects are often short lasting, whereas the presence in the system has very long lifespan. Thus, devices used to detect and quantify nanogram levels rarely differentiate what type of effects the drug is actually having. Additionally, frequency of use, tolerance, the type consumed, and the form in which it was consumed all have dramatic impact on the determination of intoxication.
In short, the science doesn’t support the current testing methods. This area of the law is developing quickly and we are on the front lines of the fight. We work with noted doctors in the field and keep up on peer-reviewed studies on the effects of marijuana.
In short, the science doesn’t support the current testing methods. This area of the law is developing quickly and we are on the front lines of the fight. We work with noted doctors in the field and keep up on peer-reviewed studies on the effects of marijuana.