Driving while high on marijuana (or any other drug) was illegal even before Prop 64 legalized recreational use of the drug. But as lawmakers in Sacramento prepared for the full effects of the proposition to take effect, they did what they could to control how cannabis will be used, including making more laws restricting the use of marijuana while in a motor vehicle. Attorney Peter M. Liss says this now means that driving while smoking pot is now illegal, even if you aren’t high at the time.
Open Marijuana Containers in the Car
While we didn’t discuss it in our prior article about Prop 64, the law immediately made it illegal to have an open marijuana container in the car, which any Vista marijuana DUI lawyer will tell you is similar to driving with an open alcohol container. Under the law, it is illegal to drive in the possession of loose marijuana flowers or any receptacle with cannabis in it that has been opened, had the seal broken. Violators may be fined up to $100 for this infraction, though medical marijuana patients can have a previously open container of cannabis in the car as long as it is resealed or closed at the time.
Driving While Smoking Pot
Lawmakers only realized after the fact though that while they passed an open container law, they didn’t actually outlaw driving while smoking pot. Violators can now be penalized with a $70 infraction. Technically, using marijuana in the car would generally require having loose cannabis flowers unless it involved some kind of edible product (which is also illegal under the law), so most people who violate this law will also face the open container charges.
Call a Vista Marijuana DUI Lawyer
While there is still no standard for marijuana intoxication, driving while smoking pot may also be used to show recent usage which could have impaired the driver and, thus it could result in a DUI charge. Like those facing a ticket for driving under the influence, anyone facing these charges should instantly contact a Vista marijuana DUI lawyer. Remember that what you say can be used against you and things you say to defend yourself may end up hurting you later on.
A cannabis DUI is a serious misdemeanor and should only be handled with the assistance of an experienced Vista marijuana DUI lawyer. If you have been accused of driving under the influence of marijuana, please call (760) 643-4050 to schedule a free initial consultation with Peter M. Liss.
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