Driving Under The Influence of Medical Marijuana – Is It A Crime?


New Medical Marijuana Patients in California may be wondering how to abide by the legal codes of the state – with the go-ahead to use or cultivate this plant legally. The answer to the title’s question is that it’s indeed a criminal activity to drive while taking this substance. If arrested, you could be subjected to the same consequences as a driver who is intoxicated by alcohol, including jail, fines, DUI school, probation, and – a criminal record.

Issues With This California Legal Code

The main issues with this zero-tolerance policy for driving under the influence of marijuana are:

1. Marijuana has been proven to linger in the body for weeks – not hours. This means if you took the medication one month prior, you could still be arrested for DUI while driving now.
2. There is no way to measure the precise levels of THC in the blood as with an alcohol Breathalyzer or blood tests.

Does this, therefore, mean that all driving is prohibited while getting healing from a nature-made substance? Unfortunately at this time, the answer is yes.

Changes Coming Soon – Or Maybe

The good news that medical marijuana patients have is that changes to the legal code could be feasible soon. There’s a bill in place to switch the rules for prescribed users – which would eventually make it legal to drive with marijuana use.

The Medical Marijuana ID Card

What does this provide protection from – in terms of legal arrests? If someone holds in their possession a state-issued ID card for medical marijuana, he or she cannot be arrested for possession, cultivation, sale of transportation of marijuana that is present.

At the present time, however, if a police officer feels as though someone is under the influence of marijuana while driving and is impaired, he or she can become arrested. As such, if someone is subjected to a Marijuana DUI, the defendant will not be charged with possession of marijuana – as is the case with other drivers without a state ID. This however is relative since a lawyer may try to source original doctor’s orders.

If you or someone you know is a medical marijuana patient that has been arrested for DUI in California, the DUI defense lawyers at the Law Offices of Randy Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (844) 241-1221.