Although medical marijuana has been legal in California since 1996, it has only recently become legal for recreational use. In 2016, California legalized the adult use of marijuana, joining several other states, including Oregon, Washington, and Colorado. This was done through Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act. However, while marijuana has been legalized, it is important for California residents to understand what is and is not legal, as well as the potential consequences that may come with being charged with DUI while under the influence of marijuana.

Marijuana Laws in California

California law enforcement officers have faced a growing challenge over the past two years: how to keep the roadways safe from people driving under the influence of marijuana. 

Marijuana DUI Arrests Have Risen Since 2016

Two major events have led to an increase in marijuana use in California and a corresponding concern about driving under the influence of cannabis. First, Proposition 64, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, was passed in November 2016; this allowed individuals to grow and use marijuana for their own recreational purposes. Second, Proposition 64 also legalized the sale of marijuana to anyone age 21 or older, effective January 1, 2018.

Drugged driving arrests have risen significantly in California since the state legalized the use of recreational marijuana. The Orange County crime lab reported that requests to process blood samples related to marijuana DUI arrests rose 40% between November 2016 and June 2017. In addition, the California Highway Patrol reported that marijuana DUI arrests increased 31% from January to August 2018 and that injuries attributed to marijuana DUIs doubled.  

Medical marijuana has been legal in California for two decades. Last year’s election also brought an approval of recreational cannabis use in California. Unfortunately, there is still a lot of confusion about what it means to drive under the influence of marijuana. Learn more about the laws, and what you can do if you are arrested for driving under the influence of cannabis.

California Still Lacks a Definitive Limit

With alcohol intoxication, the law is straightforward: anyone driving with a blood alcohol content of 0.08 or greater is subject to criminal charges. With cannabis, there is no such limit. Recently, a bill that would impose a 5ng/ml blood level for delta-9-tetrahydrocannabinol (THC) was passed through the Committee on Public Safety. It is now heading to the Committee on Appropriations. Until it passes fully through the system, the law remains confusing and contradictory. There is no limit, and that means one person might be arrested for trace amounts, despite not being intoxicated, but another person might not be.

Arizona's medical marijuana laws which allow persons to access marijuana for medicinal purposes, does not give these cardholders immunity from prosecution for DUI charges. An Arizona court recently delivered a ruling in a case involving a man who was arrested for DUI after driving a car the car under the influence of pot. The man was a medicinal marijuana cardholder, and although he was found not guilty of driving while impaired, the court did find that he was guilty of driving with pot in his system.

According to the ruling, persons who are using marijuana and have traces of the drug in their system, can be charged with and convicted of DUI. It's an interesting ruling, and one that is bound to be watched in states like California that also have medical marijuana laws in place.

The ruling is also interesting to Los Angeles DUI lawyers because it comes at a time when a number of states are moving to ease restrictions on access to marijuana. Colorado and Washington recently became the first states to allow the sale of marijuana for recreational purposes. As restrictions on marijuana continue to ease, courts continue to deliver conflicting messages, ruling that while access to marijuana is easier, people who have traces of the drug in their system can actually be prosecuted for DUI.