Articles Posted in California cannabis DUI

Driving under the influence of any drug is never advisable. Still, most California cannabis DUI lawyers will tell you that a positive THC test on its own usually isn’t enough to build a criminal case against a driver. That’s because THC, the psychoactive compound in cannabis, not only stays in the system for a long time, it also intoxicates in small quantities. That makes it harder to detect than alcohol. Further, even a positive test showing high THC levels is a poor means of determining actual intoxication.California marijuana DUI lawyer

As our Los Angeles cannabis criminal defense lawyers can explain, the fact that someone tests positive for THC only shows that they used it at some point, but that could have been an hour ago, last night or last week. This has long been the bane of police and prosecutors in these cases, though some states have established arbitrary THC-blood concentration limits anyway.

Now, an Oakland business says they have a remedy. They are ramping up for the release of a new marijuana breathalyzer test that purportedly is able to nail down whether a motorist’s pot use occurred within a three-hour window. The company, Hound Labs is reportedly slated to start up a marijuana breathalyzer pilot program in Oklahoma, approved just last month by state lawmakers and the governor. California cities are eyeing the technology too.

The makers of this and other similar devices say it could also be used by employers who want to make sure their workers aren’t high on the job. This might be of particular interest to those who operate trucking, construction and warehousing operations.

Still, it’s not exactly clear how the device works and how accurate it is. While the program is still operating as a pilot, the THC concentration results won’t be admissible in court. Continue reading

Eyelid tremors? Slow movement? Green tongue? If you ask law enforcement officers, these are indicators of a driver’s marijuana intoxication, used to justify traffic stops and arrests for driving under the influence of the drug. The problem is, if you ask a Los Angeles marijuana DUI defense lawyer, some of that is complete junk science. marijuana DUI defense

There is no doubt that THC, the psychoactive compound in marijuana, can result in a person’s intoxication, weakening one’s ability to focus and react quickly. What is in doubt is the best way to ascertain whether someone has crossed that threshold. We know that a person with a blood-alcohol concentration of 0.08 percent or higher can be reasonably judged as intoxicated, based on the science of how we know alcohol moves through the body – very quickly. But this kind of measurement of THC concentration won’t give you an exact answer because the drug is processed through the body at a much slower rate. It remains detectable in the body not just for hours but days or weeks, the concentration level a potential indicator of whether one is a regular user but not an accurate indication that one is too impaired to drive.

Despite this, at least five states have adopted a so-called “per se” law that outlaws driving if one’s blood level of THC exceeds a set amount. Most others, including California, are relying heavily on the training and testimony of “drug recognition experts.” Their methodology includes a series of assessments, including the standard field sobriety test, which might include exercises like the one-leg stand. Civil rights activists in several states have questioned whether DRE training is adequate and whether the program used to validate the results is backed by both the medical and scientific community. The New Jersey Supreme Court is slated to consider one such case in the coming months. Continue reading

Although California allows marijuana to be sold, possessed and consumed by adults over age 21, our Los Angeles marijuana DUI arrest lawyers urge caution behind the wheel. Los Angeles marijuana DUI lawyer

A new study conducted by the Insurance Institute for Highway Safety conducted a recent study of some 2,000 drivers in Washington state, California’s northern neighbor which also allows recreational marijuana use, and discovered approximately 14 percent of those with children in their vehicle tested positive for THC, which of course is the component of cannabis that gets users high. NBC News reported was far higher than the number who tested positive for alcohol, which was a about 0.2 percent of those with children in their vehicles.

It’s worth noting, of course, that alcohol and marijuana have two very different effects on the body, which means these figures are somewhat alarmist in nature. If it were possible to test the number of drivers who had consumed alcohol at some point in the last several days or weeks, no doubt the actual number of those would be much higher, and we’d have more of an apples-to-apples comparison. Continue reading

Our Los Angeles cannabis business lawyers have been on the forefront of the legal marijuana movement from the start. This began with helping medical marijuana patients, doctors, collectives, cooperatives, cultivators, landlords and employees navigate the confusing patchwork of laws that one might reasonably expect from being the very first state to venture into this legal territory while the drug remained against federal law. marijuana attorney

One might have thought the process would become simpler in the two decades since California led the charge on legalization of medical marijuana (in 33 states now), particularly now that 10 allow it for recreational use. But for as long as pot remains prohibited under the U.S. Controlled Substances Act, ensuring compliance while still making a profit continues to be something of a puzzle.

Now, with recreational legalization on the table, many of the old rules are out (collectives at this point are now illegal) and a maze of new laws and regulations are in – with widespread variation from county-to-county, city-to-city. Because the reality is unless and until federal law aligns with state laws, the rights of California cannabis entrepreneurs, investors, patients and innovators will be at-risk. Continue reading

Los Angeles marijuana DUI just got a little likelier, given local news reports the Los Angeles District Attorney’s Office has bolstered funding for the prosecution of driving under the influence charges involving cannabis and other drugs. Because determining intoxication via marijuana can be subjective – even for trained police officers – it’s important to contact an experienced Los Angeles marijuana DUI lawyer as soon as possible to ensure your rights are preserved.marijuana dui defense Los Angeles

There is currently no accepted scientific test that “proves” impairment by THC, the blood, urine or breath tests do with alcohol. That’s because alcohol moves through the human body at a much more rapid rate than THC, which means if it is detected in the system in high concentrations, intoxication is almost positive. THC concentration doesn’t tell us the same because the chemical can remain in the body for weeks or even months after consumption, particularly if one is a regular consumer of marijuana.

With the help of a nearly $1 million grant form the California Office of Traffic Safety via the National Highway Traffic Safety Administration (NHTSA), the agency that seeks to curb drunk driving and slash the number of drug- and alcohol-related deaths and injuries across the U.S. This year’s grant is $100,000 more than the last. The funding is allocated for training and in some instances prosecuting cases of drug-impaired driving that results in death. Additionally, the grant will help train police agencies and boost the number of officers in Los Angeles County who are considered certified drug recognition experts (DREs).  Continue reading

When recreational marijuana was legalized in California in January after the passage of Proposition 64, The Control, Regulate and Tax Adult Use of Marijuana Act, a mountain of regulations was rolled out right along with it. This included provisions to state criminal and traffic code that L.A. marijuana criminal defense attorneys recognize anyone who uses the drug and drives.marijuana lawyer

If you’re going to purchase, use or possess legal marijuana in Los Angeles, it’s a good idea to get educated on the provisions of state law that specifically pertain to marijuana DUI and possession of marijuana in a vehicle. And if you run afoul of the law for any reason, your first phone call should be to a long-time Southern California criminal defense attorney committed to bolstering the rights of marijuana users, retailers and growers.  Continue reading

University of California-San Diego is conducting a study out of its Center for Medicinal Cannabis Research to bettercannabis DUI understand how marijuana use impairs driving. The study is the largest of its kind and seeks to gather some hard data on levels of cannabis and impacts on common driving scenarios, according to High Times. Participants will be paid for a full-day driving assessment in which they will smoke a joint before completing a variety of simulated driving scenarios. The joints are rolled on site, and each has a varying level of THC concentrations carefully monitored by the researchers.

The study has two aims: to gather data on how different cannabis concentrations affect different drivers and to examine how long the high from THC will continue to affect the driver to the point of impairment, if at all. These answers are so crucial in the on-going efforts to legalize marijuana nationwide. A huge roadblock for many politicians, even the ones who do not fall for weak anti-marijuana propaganda, is the uncertainty about how to regulate marijuana usage on the roads. Methods that commonly are used to test for marijuana can detect it in a person’s system for up to two weeks. Clearly a person would not be too impaired to drive for 14 days after consuming marijuana. Therefore, law enforcement officers must rely on field sobriety tests to determine cannabis-related impairment. Their current tests, however, are largely geared toward alcohol or drugs that create a deep level of impairment. The effects of cannabis are often softer and less clear. Participants in this study will take a field sobriety test after smoking and completing driving tests, which in turn could help officers fine-tune their own tests to more effectively identify impairment for marijuana users. Continue reading

Recreational marijuana became legal in California January 1st, meaning this is the first year cannabis has beenmarijuana criminal defense available to all adults on the infamous marijuana holiday of 4/20. While it is perfectly legal to enjoy the festivities, our experienced attorneys also know that Proposition 64 is not a free pass on all pot-related activities. Before imbibing in a safe and responsible way, keep in mind the laws remaining on the books per the CA Health and Safety Code, Division 10, Ch. 6, Article 2 could still result in criminal charges or civil citations.

The following is a list of a few major restrictions to keep in mind when enjoying the perks of recreational marijuana in California: Continue reading

Researchers in Colorado are exploring the ways in which “dabbing” – a form of rapid consumption of cannabis concentrates by vaporizing – can impair one’s ability to drive, and they’re doing it with iPods. marijuana lawyer

A group of researchers from the University of Colorado Boulder are teaming up with a researcher from Colorado State University to explore this highly potent method of using marijuana. CSU notes this study is a “first-of-its-kind,” and the hope is to eventually prevent instances of driving under the influence that endangers lives.

Our L.A. marijuana defense attorneys recognize that our state, like Colorado, has a vested interest in enforcing anti-impairment laws for motorists. After all, we know marijuana has the ability to impair one’s driving abilities and we know impaired drivers have slower reaction times and lowered inhibitions that can endanger passengers and other motorists. However, the problem specifically when it comes to marijuana impairment behind the wheel is that the determination is subjective.  Continue reading

While medical marijuana is legal in Los Angeles pursuant to state law, and the use and sale of recreational marijuana is going to be legalized in 2018, it is still illegal as it a Schedule One controlled substance on the U.S. Controlled Substances Act of 1970 (USCSA).  This means that a marijuana industry business owner cannot have a bank account for his or her business.  This results in business owners having little choice but to store large amounts of cash on hand at all times and that makes them targets for robbery. This is addition to the large amounts of marijuana on hand that is also a target for robbery.

medical marijuana lawyers LAAccording to a recent news article from NBC 4 News, a dispensary in North Hollywood was robbed in what police have described as a takeover robbery.  The alleged offense involved four suspects, two male and two females who rushed into the Los Angeles medical marijuana dispensary with various firearms and took large amounts of cash and marijuana. During the robbery, the suspects attempted to destroy the security cameras, but it appears that some footage was captured prior to that.  A worker at the dispensary allegedly recognized one of the suspects as a regular patient at the dispensary.  When the police were called, they stopped a vehicle matching the description of the suspect’s vehicle, but it was not the correct car. Continue reading

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