California allows some people to smoke marijuana for medical purposes. However, it is still illegal to drive a vehicle if you are impaired as a result of the use of any substance, including marijuana. That being said, the ability to prove that you are impaired is difficult in California. While the California legislature is working on ways to uniformly prosecute such cases, CBS Bay Area reports that the state legislature won’t debate cracking down on marijuana-based DUIs this year.

If you are in caught in possession of medical marijuana or accused of driving under the influence of marijuana, a criminal defense attorney in Rancho Cordova such as Michael Chastaine or Amie Beighley of the Chastaine Law Office will work hard to prevent you from being convicted of such a crime.


SF Weekly reported that before the window on introducing new laws closed in March 2015, state lawmakers proposed 20 bills designed to regulate the local marijuana industry. However, none of those 20 was related to marijuana use and driving. A bill that would establish a presumption of being under the influence if blood results showed two or more Nano grams per milliliter of trahydrocannabinol failed in committee last year. Another similar bill that proposed penalizing people with any traces of cannabinoids in their system did not move forward.

Learning the Law

Although the momentum created by developments in the legislature is currently to the advantage of marijuana legalization, it is important to understand what constitutes a drug DUI. A violation of California Vehicle Code Section 23152(e) [a drug-connected DUI] can be established if on-site testing by a Drug Recognition Evaluator determined that you were visibly impaired in your physical and mental capacity as the result of some kind of drug, including marijuana while driving.

It’s never too late to mount an effective defense when you’re on the charged with a drug-based DUI. Consult a like Amie Beighley or Michael Chastaine today.