Cannabis DUIs in California

Cannabis DUI in California

California became one of the states to legalize recreational cannabis under Proposition 64, joining the ranks of Alaska, Oregon, Washington, Colorado, and the District of Columbia. With a thriving medical cannabis market, California’s cannabis industry is expected to reach $6 billion by 2020.

While Proposition 64 passed with strong support in 2016, many still wonder how it will affect driving under the influence (DUI) laws in the state. California’s Vehicle Code Section 23152(e) prohibits driving under the influence of drugs, including marijuana. However, unlike alcohol, there is no specific legal limit for THC, the psychoactive component of cannabis. This means that individuals can only be arrested and convicted if their cannabis consumption impairs their ability to drive as a sober person would in similar conditions.

In DUI cases involving cannabis, prosecutors rely on a combination of officer observations, driving patterns, field sobriety tests, and blood tests for THC presence to prove impairment. Due to the subjective nature of the “under the influence” standard, prosecuting cannabis DUI cases can be difficult, particularly if the driver refused field sobriety tests or if the officer did not witness clear signs of impairment.

Some lawmakers may eventually establish a legal limit for THC levels in the bloodstream, similar to other states such as Colorado, which has set a limit of five nanograms per milliliter of blood. However, the accuracy of these limits in determining impairment is debated, as THC can remain in a person’s system long after the intoxicating effects have worn off.

Police currently measure THC through blood tests, but THC’s fat-soluble nature means it stays in the system for an extended period, creating the potential for an arrest days or even weeks after cannabis consumption. Some companies are working on breathalyzers for cannabis impairment, which could provide a better measure of impairment by determining the time since cannabis use rather than relying on blood THC levels.

Until a reliable roadside test for marijuana impairment becomes available, law enforcement continues to use subjective observations to determine impairment.

What is a DUI for Cannabis?

In California, a DUI for cannabis is considered driving under the influence of drugs. However, proving impairment from cannabis can be challenging. Blood tests show the presence of THC but cannot determine when the cannabis was consumed, only that it was. The key to a cannabis DUI conviction is proving that the person’s ability to drive was impaired to the extent that it was unsafe to operate a vehicle.

How You Can Get Charged with a DUI

If a law enforcement officer suspects you are under the influence of cannabis, they may call in a Drug Recognition Evaluator (DRE). DRE officers are trained to look for signs of impairment from marijuana, such as dilated pupils, elevated pulse rate, dry mouth, and tremors. If the DRE determines you are impaired, you will be arrested for DUI of drugs, which may include a blood test to confirm the presence of THC.

What Are the Punishments for a DUI?

Penalties for a cannabis DUI in California depend on several factors, including the specifics of the case and the driver's history. For a first offense, penalties may include probation, fines up to $2,000, a six-month license suspension, DUI school, and possible community service. For subsequent offenses, the punishment becomes more severe, including potential jail time, higher fines, and longer DUI classes. Repeat offenses may result in felony charges and more significant penalties, including state prison sentences.

What to Do If You Are Pulled Over

If you are pulled over and suspect that the officer may believe you are under the influence of cannabis, the best course of action is to stay calm, avoid making admissions, and wait for the legal process to unfold. In California, you have ten days to request a hearing with the DMV to determine whether your license will be suspended after a DUI arrest. If you fail to request this hearing, your license will be automatically suspended.