Los Angeles marijuana DUI lawyer

April 29, 2023

California Remains in Minority of States With No THC Legal Limits for Drivers

Recreational marijuana has been legal for adults in California for the past 7 years – but driving under the influence of marijuana (or any mind-altering substance) has always been strictly prohibited. But despite all the legislative and regulatory developments with respect to marijuana law, the state has yet to establish any bright line rule on legal THC limits for drivers. Los Angeles marijuana DUI defense

Of course, as our Los Angeles cannabis DUI lawyers can explain, a big part of the reason for that is because it’s none so simple to establish marijuana intoxication simply based on the levels of psychoactive THC in one’s body. Unlike alcohol, which cycles through the body very quickly, THC remains traceable for weeks after consumption. A 0.08 percent blood-alcohol level would likely indicate recent excess alcohol consumption. But the same isn’t true for THC. Person A might have higher levels of THC in their bloodstream than Person B, but still be less intoxicated. The level of THC in one’s system simply doesn’t tell the whole story, particularly if one is a regular cannabis consumer.

Despite this, 18 other states have imposed some sort of limit on the amount of THC drivers can have in their bloodstream before they’re considered “under the influence” of cannabis. (THC, of course, is short for tetrahydrocannabinol, the element contained in marijuana that creates the “high.”)

There are some safe driving advocates trying to change that. One of those is the family of a 25-year-old who died tragically in a California car accident in 2020 – a passenger in a truck driven by her boyfriend. He would later say he saw an animal, jerked the steering wheel, and crashed into another vehicle – totaling his truck and killing his girlfriend instantly. The woman’s father believes the boyfriend was stoned, and he’d even spoken to his daughter about not getting into the car with her boyfriend when he’d been consuming cannabis. Her mother said she’d spoken directly to the boyfriend about what they recognized as a serious safety issue.

The boyfriend, according to a local news outlet, reportedly conceded that he’d consumed marijuana the day of the crash – but he was a habitual user of cannabis and his consumption had been earlier in the day. He insisted he was not impaired. Continue reading

August 10, 2018

Taking the High Road: Drivers Paid to Participate in Marijuana DUI Study

By Cannabis Law Group

University of California-San Diego is conducting a study out of its Center for Medicinal Cannabis Research to better cannabis 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

August 26, 2016

Study: California Car Insurance Spikes $1,500/Year for Driving Under Influence of Marijuana

By Cannabis Law Group

When it comes to drunk driving, the laws are fairly uniform from state-to-state. There may be some variation in penalties, including the amount of the fine or the length of possible jail time. Some states require ignition interlocks after a first-time offense, while others leave it up to the discretion of the judge. policelights

But when it comes to driving while under the influence of marijuana, states are a bit all over the place. For example, there are six states in all that impose limits on how much THC (the primary psychoactive ingredient in cannabis) a driver may have in his or her system before he or she is deemed impaired. Twelve states have zero tolerance policies, which means any amount of THC in a driver’s blood is going to be used as proof the driver was impaired. The majority of states don’t have any concrete laws concerning marijuana and motorists, say the Governors Highway Safety Association (GHSA).

The primary issue is the point at which a driver is considered “impaired.” A recent analysis conducted by Nerdwallet revealed that while the standards ascertaining intoxication vary wildly, the one thing any driver arrested for driving under the influence of marijuana can expect: Higher auto insurance rates. Continue reading