Article submitted by Delta Driving School
Though marijuana use was legalized in California in 2018, driving under the influence of cannabis is not legal. In fact, it is illegal for any person who is under the influence of any drug, to operate a motor vehicle. Proving that you drove is usually quite easy for the prosecution should you be charged with the crime of a marijuana-related DUI. And, this is because in most cases, the arrest for DUI related to cannabis occurs during a routine traffic stop.
An officer, however, can also arrest you for DUI even if they did not see you driving. In that case, the prosecution must then prove that you were driving, based on circumstantial evidence. And different than is the case with alcohol, there is no legal limit for THC (the intoxicating chemical found in marijuana).
If you are pulled over and charged with driving under the influence of marijuana, it is highly recommended that you seek legal counsel as soon as possible. It is also important to note that if you are pulled over for this reason, and authorities ask you to take a chemical test, refusal to take that test can lead to additional penalties on top of the marijuana-related driving offense.
Penalties for marijuana-related DUI is the same as that of driving under the influence of alcohol. This is usually charged as a misdemeanor unless a serious accident is involved. A misdemeanor for a first DUI conviction will include informal probation for three to five years, a county jail sentence between 96 hours and six months, a fine of $390 to $1000, and/or a driver’s license suspension of up to six months. With additional convictions, these penalties will increase. Felony punishments usually apply when an accident due to cannabis resulted in injury or death to a third party. In these cases, the penalties and consequences are far more severe.
About the Author:
Delta Driving School is a Driving School in Highland Park CA. They offer driving lessons. If you are in the area and looking for lessons, make sure to contact them.