DUI and California’s Legal Marijuana Laws
California DUI Marijuana laws and regulations change often, and usually include complex rules, exceptions and regulations. There is no substitute for a professional legal opinion when dealing with a semi-legalized substance such as marijuana.
The most basic requirements in California are:
- You must be 21 years of age or older to possess or use marijuana
- You cannot carry more than 1 ounce (of the herb) or 8 grams of concentrate (such as for vaping) at a time
- You cannot buy or sell marijuana, except for buying it from a state-licensed dispensary for recreational use
How Marijuana Affects Driving
We’re all familiar with the pleasant, giddy sensation that marijuana creates. But this is not the only effect it has on the body or the brain. The main documented effects of marijuana include:
- Difficulty concentrating or remembering things
- Increased appetite
- Changes in mood (which can vary from person to person)
- An altered sense of the passage of time
Marijuana DUI Guide
If you follow all of these rules it is generally legal to smoke, consume, vape or otherwise use marijuana. But you cannot drive while you’re high or stoned. Doing so is a violation of California’s DUI laws, and those laws apply to all substances whether they are legal or illegal.
Penalties for Marijuana DUI
In California, the penalties for marijuana DUI are the same as those for drunk driving.
First Marijuana DUI Offense
If you have never had a DUI conviction before, or it was more than 10 years ago, you will face first time DUI consequences. These include:
- Jail sentence of 2 days to 6 months
- License suspension of at least 4 months
- A fine of up to $1,000 plus additional costs
- Probation lasting 3 to 5 years
- At least 3 months of DUI school
Vehicle Code 23152(e)