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New Legislation and Driving Under the Influence of Marijuana

Nearly everyone knows that it is illegal to drink and drive, but many individuals do not know it is illegal to smoke and drive. Specifically, an individual can get a DUI for driving while under the influence of marijuana.

Subdivision (e) of both California Vehicle Code sections 23152 and 23153 makes it illegal to drive while under the influence of marijuana. Unlike alcohol, where officers can determine how intoxicated an individual is through a breath, urine, or blood test, the same is not true for individuals who have ingested marijuana. While an officer can take a urine/blood sample to determine the amount and presence of Delta-9-Tetrahydrocannabinol (commonly referred to as THC) in their system, it does not indicate the level of intoxication. For example, an individual who is a habitual smoker of marijuana will have measurable THC levels, even though they are not intoxicated and have not smoked for days.

Currently, Officers must rely on

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Blog

New Legislation and Driving Under the Influence of Marijuana

Nearly everyone knows that it is illegal to drink and drive, but many individuals do not know it is illegal to smoke and drive. Specifically, an individual can get a DUI for driving while under the influence of marijuana.

Subdivision (e) of both California Vehicle Code sections 23152 and 23153 makes it illegal to drive while under the influence of marijuana. Unlike alcohol, where officers can determine how intoxicated an individual is through a breath, urine, or blood test, the same is not true for individuals who have ingested marijuana. While an officer can take a urine/blood sample to determine the amount and presence of Delta-9-Tetrahydrocannabinol (commonly referred to as THC) in their system, it does not indicate the level of intoxication. For example, an individual who is a habitual smoker of marijuana will have measurable THC levels, even though they are not intoxicated and have not smoked for days.

Currently, Officers must rely on

EmailBookmark/FavoritesShare