fast settlements / speak to a lawyer today / free phone consultation

California Marijuana And Driving Laws

At the beginning of this year, recreational marijuana was legalized all across California, meaning that a medical card is no longer necessary to purchase pot in the state. Now, we all know that driving under the influence of any alcoholic beverage or driving under the combined influence of an alcoholic beverage and a drug, with a blood alcohol content of 0.08 or greater, has been illegal for years in California, but what does the legalization of recreational marijuana add to the mix?

California Marijuana Laws

Under California’s new laws, marijuana cannot be smoked in vehicles. Either using pot or having an open container of marijuana in any form in a California Marijuana And Driving Lawsmoving vehicle are both illegal.  Driving a vehicle under the influence of marijuana is a crime, pursuant to the same California Vehicle Code Section as driving under the influence of alcohol. With the legality and now-widespread availability of marijuana, police officers are now going to concentrate on stopping drivers that are not only drunk but also stoned!

Proving Marijuana DUI

Proving DUI of marijuana is often a challenge for a prosecutor. This is because unlike alcohol, California law has provided no “legal limit” for marijuana mostly because a blood test to check for marijuana levels wouldn’t work the same as the blood test for alcohol levels. However, a motor vehicle operator is considered “under the influence” of marijuana when, as a consequence of consuming cannabis, his or her mental or physical abilities are so impaired that he or she is unable to drive a vehicle with the caution of a sober person under similar circumstances. A jury or judge are the ones who decide whether the prosecutor has proven beyond a reasonable doubt that the defendant drove under the influence of marijuana.

Consequences of Driving Stoned

The penalties for driving while stoned are still the same as driving while drunk. So are the financial consequences for driving under the influence, including the inability to recover non-financial damages (inconvenience, disfigurement, physical impairment, pain, suffering, and other non-monetary damages), if the injured person was under the influence at the time of the incident, therefore operating the vehicle in violation of California law..

In addition, driving a vehicle under the influence of marijuana may affect your insurance coverage and negate your coverage for damages caused to others as a result of being under the influence of marijuana. In short, even though recreational marijuana is now legal in California, operating a vehicle under the influence of marijuana in the Golden State carries the same penalties as operating a vehicle under the influence of alcohol. It’s simply not worth the risk!

California Car Accident Attorney

At Los Angeles Injury Group, our experienced attorneys have helped clients win cases against those who have suffered injuries in automobile accidents caused by those under the influence of alcohol or marijuana. We understand how life-altering these injuries can be, which is why we fight for our clients until they receive proper compensation. If you, or someone you love, received injuries as a result of a vehicle accident due to DUI, call (424) 625-7824.

Note for the readers: This post has been derived from the use of secondary sources and the information provided has not been independently confirmed. The photos depicted in these posts are not representative of the actual accident.  Any inaccuracies will be swiftly corrected once they have been brought to the site’s attention and all requests to remove posts will be honored.

Disclaimer: This post is intended to provide general information to our readers and to honor the victims of everyday tragedies. We do not wish to cause any disrespect and none of the information contained in this post should be construed to constitute legal or medical advice. Laws vary by jurisdiction and cases often turn on minor differences In fact. Do not rely exclusively on any of the information contained in this post and seek further assistance from a legal or medical professional, where necessary.

Recent Legal Articles

Maximizing Your Recovery is Our # 1 Priority!

We Settle Big, We Settle Fast or We go to trial! Our Clients are like family!

Accident News

Small Law Firm Attention, Big Firm Results

Our Los Angeles CA Personal Injury attorney will Represent you through the good, the bad and the ugly. Call us for a free case evaluation.

why choose us?

Personal Injury Lawyer Los Angeles CA
no fees unless you win the case The Personal Injury Lawyers in Los Angeles you can trust
  • Speak to a Real Attorney Now
  • No Recovery. No Fee.
  • Hablamos Espanol
  • We'll Come to You
  • Successful Track Record
  • Our Clients Mean More Than Money