What are the penalties for “Marijuana DUIs?”
VC § 23536. First offense
- If a person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).
- The court shall order that a person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the person’s work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant.
- The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
- Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4.
As with an “alcohol” DUI, the penalties for VC 23152(e) DUI of marijuana increase with each conviction for any form of DUI–including DUI of alcohol and DUI of drugs–within a 10-year period. This chart summarizes the penalties for DUI of marijuana for defendants with a prior conviction or where an accident has caused an injury to another person:
Type of DUI
Driver’s License Suspension or Revocation
1st offense “Marijuana DUI”
Up to 6 months in county jail
6 to 10 months (Possible restricted license)
2nd offense “Marijuana DUI”
96 hours to 1 year in county jail
2 years (Possible restricted license)
18 or 30 months
3rd offense “Marijuana DUI”
120 days to 1 year in county jail
3 years (convertible to restricted license after 18 months)
DUI – Marijuana with injury (misdemeanor)
5 days to 1 year in county jail
$390-5000, plus restitution to injured parties
1 to 3 years
3, 18 or 30 months
DUI – Marijuana with injury (felony)
16 months to 16 years in state prison
$1015-5000, plus restitution to injured parties
18 or 30 months