Marijuana DUI, stoned driving, DUI involving pot – call it what you will, this is considered to be a criminal activity in the state of California. Despite recent efforts to legalize marijuana in several states, marijuana has remained an active controlled substance in the United Controlled Substances Act. In addition to becoming prosecuted for DUI, those arrested under the influence of this substance may also be charged with drug possession and other related crimes.
There are some exceptions to the rules however when it comes to marijuana use. Currently the Compassionate Substances Act allows those with certain illnesses like Cancer, Anorexia, and AIDs to utilize the drugs under the recommendation of a certified medical doctor. Medical marijuana patients and their legal guardians should be able to furnish a valid prescription to authorities upon request. If this provides some exception to marijuana use, it then begs the question: Are medical marijuana patients allowed to drive under the influence? See the answer below.
Legal Rights for Medical Marijuana Patients
Under California Drug Laws as well as DUI Laws, it’s illegal to drive while under the influence of marijuana – even with a valid prescription. The fines including jail time, DUI School, driver’s license suspension, monetary fines and more. However, these laws may be updated as more studies aim to prove or disprove the perceived effects of marijuana.
What To Do If You’re Arrested for Medical Marijuana
One of the first steps to take if you’re currently taking medical marijuana, or are a caregiver of a patient who is doing so is to always walk with a valid prescription. The fact that a driver is in possession of marijuana does not necessarily mean that it is in use. The laws for this legal code are also a bit complex – given the fact that it’s proven that marijuana remains in the system for a few days. This can sometimes be used as a defense for Marijuana DUI even though circumstances may vary.
If you or someone you know has been accused of DUI involving, alcohol, marijuana or other types of drugs, callthe criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.