Under California law, driving under the influence of marijuana in your system is illegal, and can place you at risk of a DUI marijuana arrest.
At the current time there is no “Per Se” limit as to the level of THC that someone can drive with (Unlike the .08 blood alcohol limit) Instead the law looks at whether you were under the influence of marijuana such that you were unable to operate a motor vehicle safely.
There is no denying the fact that the number of people driving under the influence with some traces of marijuana in their system is on the increase. California allows medicinal marijuana use, and across the country some states have moved to make the sale of marijuana legal for recreational purposes as well.
The difference between marijuana and alcohol use is that alcohol does tend to get eliminated from the body very quickly, usually just a few hours after ingesting. In the case of marijuana however, it is an entirely different matter. THC can actually continue to remain in a person’s body for days, and in some cases even weeks after the person has ingested the drug. That makes it very difficult to conclusively establish that a person was driving while impaired by marijuana. Minute traces of THC ingested just a week before are hardly going to impair a person’s driving abilities.
If you are arrested for DUI marijuana it is important to speak to an expert in these type of case. At VIB Law we are familiar with the issues in this case and will fight for your rights as a medical marijuana user.Back to Drug Crime Practice Area