California cannabis DUI

November 16, 2017

Orange County Moves Toward Banning Sale of Marijuana

The Orange County government controls the unincorporated areas of the county. According to a recent news article from the Los Angeles Times, Orange County officials are taking steps to ban the sale of marijuana and the distribution of marijuana within its jurisdictional limits.

marijuana attorney A new ordinance was preliminarily approved by the Orange County Board of Supervisors with all but one supervisor voting in opposition to the proposed measure. Supervisor Shaw Nelson argued that this proposed ordinance is contrary to the desires of the voters of California who voted to legalize the sale of recreational marijuana in our state. Continue reading

November 4, 2017

Marijuana DUI Enforcement in Los Angeles

By Cannabis Law Group

One of the main arguments against the legalization of marijuana, other than the long- disproved gateway drug theory, is that there will be more cases of people driving under the influence of marijuana. This is not necessarily the case, but regardless of whether there were be more people driving under the influence of marijuana in Los Angeles, is how the police and prosecutors will try to prove someone is under the influence at the time they were driving.|

cannabis technology lawyers When someone is driving while intoxicated by liquor, there is no question as to the effects alcohol has on a person’s ability to drive, and the National Highway Traffic Safety Administration (NHTSA) has amassed decades of research. For example, at .08, which is the legal limit in California, a person will have poor muscle coordination, having trouble detecting danger, a lack of judgement and self-control, impaired ability to concentrate and many other physical and mental issues that makes it dangerous to drive. Continue reading

July 23, 2017

California’s Recreational Marijuana Law Creates Confusion in Enforcement of DUI Laws

By Cannabis Law Group

Marijuana has created a confusing legal vortex for the enforcement of impaired driving laws. In contrast to alcohol, there is no set blood level at which a driver is legally impaired by marijuana. California’s new recreational marijuana law also makes it more difficult for an officer to determine whether a driver has exceeded the allowable limit of marijuana for personal use. Finally, federal law makes the transportation of any amount of marijuana a federal crime. While the Department of Justice has not, historically, expended funds for the prosecution of defendants who were following state law, this is a policy choice which is subject to change with each new administration. cannabis DUI lawyers

The Preliminary Determinations in a DUI Investigation

Before determining if a driver is impaired, law enforcement officers must first determine whether the driver has a legal right to possess or consume marijuana at all. Prior to November 9, 2016, California drivers could only do so by the possession of a valid medical marijuana card. Now – with the legalization of recreational marijuana – any person in California may possess up to one ounce of marijuana or six plants. An officer who pulls over a California driver on suspicion of DUI must therefore first determine: (a) if there is marijuana in the vehicle, and (b) whether it exceeds the legal limit.

While Californians may have a right to possess marijuana, it is still illegal to drive with an open container of marijuana in the vehicle. According to the Sacramento Bee, this applies to any receptacles or marijuana products that are open, have previously been opened, or have a broken seal. Continue reading