Residents of California can legally use marijuana after recent changes to the state’s laws. However, it’s still illegal to operate a vehicle after using marijuana products. This situation leads some drivers to wonder if they can smoke in their parked cars in California.
You may sometimes legally smoke marijuana in a motor vehicle parked on private property. However, smoking marijuana on a public road may result in criminal charges. You can learn more about these regulations with a Los Angeles DUI lawyer.
Is It Legal in California to Smoke in a Parked Car?
In many cases, you cannot legally smoke marijuana in a parked car. Under California Health and Safety Code Section (HSC) § 11362.2, you can only smoke marijuana in a limited number of private and public spaces. You may not smoke marijuana if:
- You are within 1,000 feet of a school, daycare, or youth center if there are children present
- You are in a public place that has not issued an exception for an event or other reason
- You are in a location with a ban on tobacco products
The law does allow some exceptions. For example, if you are on the grounds of a private residence and no one can detect your smoking, you can smoke within 1,000 feet of a school while children are present.
So long as you’re within these limits, you shouldn’t get charged with violating HSC 11362. A criminal defense attorney can help you learn more about California’s laws on using marijuana in public. We’re ready to address your legal questions.
Aren’t Marijuana Products Legal in California?
With the passage of Proposition 64 in 2016, residents of California can use marijuana for recreational purposes in addition to using it for medical treatments. The new law allows for the recreational use of marijuana in some private and public spaces, but not all.
However, California controls where you can use recreational marijuana. The legality of smoking in your parked car is primarily governed by where you parked your car. In fact, even transporting marijuana in a vehicle can lead to legal issues in some cases.
Smoking in a Parked Car in California Can Result in a DUI
While you can smoke or consume marijuana recreationally, California law does not allow you to drive if you have smoked or consumed it recently enough to be impaired.
If you drive while impaired after smoking or consuming marijuana, you can be charged with a DUI as if you had been driving with alcohol in your system.
Since the police can’t detect impairment from marijuana as readily as impairment from alcohol with a breathalyzer, officers are on the lookout for other signs a motorist has been driving while impaired by marijuana. One sign an officer may look for is an individual smoking in a car, even if it is parked.
Can the Police Arrest You for Smoking in Your Car?
The police do not need to see you driving to arrest you for a DUI, and simply being in a car that is on or has been on recently while smoking may be grounds for an officer to arrest you for driving under the influence of marijuana.
The penalties for a marijuana DUI in California can include fines, incarceration, and a driver’s license suspension.
In addition to the DUI charge, you can also get charged with transporting an open container for having marijuana available to smoke in your vehicle.
You Can Fight Back Against Charges of Smoking in a Parked Car
If you want to smoke in your parked car, you can take several steps to reduce the likelihood of facing criminal penalties, including a possible conviction for a DUI. You can:
- Verify that you have permission to smoke in the private location where the vehicle is parked.
- Avoid smoking in a recently driven car.
- Don’t smoke in the driver’s seat.
If an officer approaches your vehicle while you are smoking, remain calm and polite. You do not have to consent to perform a field sobriety test and are not required to agree to a chemical test before being arrested.
You are entitled to have an attorney present for any questioning beyond answering some basic questions, including identifying yourself and the vehicle owner.
A DUI Lawyer Can Help You Fight Back
While the penalties for a DUI conviction can be severe, a skilled DUI lawyer can help you. The prosecution must be able to prove beyond a reasonable doubt to a jury that you were driving while impaired.
Therefore, any evidence you can provide to help suggest you weren’t driving can help have the charges dismissed.
Is It Expensive to Retain a Marijuana DUI Lawyer?
The cost of hiring a lawyer depends greatly on the complexity of your case. While hiring a lawyer can be expensive in certain circumstances, you shouldn’t view it as an expense. The overall cost of facing a DUI charge in California can be staggering, especially if this is your second or third offense.
Instead of facing those penalties, you can hire a lawyer who can reduce their impact. You shouldn’t overlook all the benefits solid legal representation offers, including information about California’s marijuana laws.
While you can fight against a marijuana DUI on your own, if you don’t have a lot of legal experience, this may end up causing more harm than good.
Learn About Smoking in a Parked Car in California
Can you smoke in your parked car in California? Generally, you can only smoke marijuana in a vehicle on private property. Smoking cannabis products in a public place can result in criminal charges and fines. You can contact us online or by phone to learn more about these charges.
