Current California laws about marijuana seem to be constantly changing these days, but here’s the current status:
Possessing less than an ounce of marijuana for recreational use is a civil infraction (not a misdemeanor or felony) that bears about the same weight as a speeding ticket.- Medical marijuana is legal. Individuals may possess up to 8 ounces, 6 mature plants, or 12 immature plants for medical use.
- Driving under the influence of marijuana continues to be a gray area for law enforcement and the courts. There is no set amount of THC in the blood stream that is allowed while driving, so police are forced to determine if someone is DUI based on certain rather subjective assessments. The individual’s driving pattern, physical appearance, performance on field sobriety tests, and blood tests for marijuana may all factor in determining whether someone will be charged with DUI in California.
Possessing less than an ounce of marijuana for recreational use is a civil infraction (not a misdemeanor or felony) that bears about the same weight as a speeding ticket.Determining marijuana intoxication
This gray area is why many are calling for the development of a pot breathalyzer to more objectively determine whether someone is under the influence of marijuana while driving. The challenging aspect of this is that unlike alcohol, THC (Tetrahydrocannabinol) can be found in the blood days after the individual uses marijuana, even though he or she is no longer under the effects of it. So there could be many false positives if the pot breathalyzer fails to take that into account.
Pot Breathalyzer Prototype
Cannabix Technologies Inc., a Canadian firm, is in the final stages of development of a marijuana breathalyzer that could be implemented by law enforcement agencies and some companies. According to the Cannabix website, the marijuana breathalyzer tests for recent consumption of THC, which is a component of marijuana that causes driver impairment. The prototype is complete, and it’s currently being tested to achieve medical grade and legally acceptable test results. Find out more here.
Possible Penalties
If someone is convicted of driving under the influence of marijuana, a wide range of penalties are possible. If it’s a first offense, he or she may have to be on probation for 3–5 years (often includes drug testing), some jail time or community service requirements, fees and fines than can total up to $2,000, mandatory attendance at a 12-week DUI school and a 6 months suspension of their California driver’s license.
What to do if you get pulled over and you have been smoking pot
If a police officer pulls you over and begins to suspect that you are DUI of marijuana, avoid making any statements or admissions to the officer. If you are arrested, try to remain calm and don’t make any incriminating comments. At your very first opportunity, contact Southern California’s best DUI criminal defense attorney, Dan Chambers. He will begin preparing your defense immediately, and when you schedule a free consultation, he’ll give expert legal advice to you right away.
Call 714-760-4088, email dchambers@clfca.com, or send an online message by clicking CONTACT in the menu above to get an excellent DUI lawyer on your side now.
