Articles Tagged with marijuana dui

marijuana-DUI-defense-300x224In January of this year, California became the ninth state to legalize marijuana for recreational use. (It has been legal for medicinal use since 1996.) However, the Adult Use Marijuana Act (aka Proposition 64) has actually done little to simplify the rules surrounding when and how pot may be bought, sold and used; if anything, the rules are now more complicated. In fact, as Time magazine points out, Prop 64 is so packed with details that it’s over 60 pages long!

Obviously, those who indulge should be aware of the ins and outs of the new law to avoid inadvertently doing something that could get them ticketed or arrested. The following overview can serve as a guide to help you stay within the bounds of the law so if you do use pot, you can do so legally, safely and without endangering others in the process. Let’s explore what is now legal under California’s marijuana laws, and what is not.

It is LEGAL to use pot, but only if you’re 21 or older.

When California residents voted to permit the use of recreational marijuana last November, the state became one of eight U.S. jurisdictions (along with Washington, Oregon, Nevada, Colorado, Alaska, Hawaii, Maine, Massachusetts and the District of Columbia) to permit the practice. An additional 20 states have laws allowing marijuana use for medicinal purposes.marijuana-DUI-science-los-angeles

While the new marijuana laws may offer some relief to people suffering from painful illnesses—and provide a popular alternative to alcohol for those who want to party or simply relax— they are posing a real dilemma for law enforcement officials charged with keeping DUI drivers off the road. The problem? At present there is no widely accepted test or measurement that defines whether a person is too intoxicated by marijuana to drive safely.

Major differences between marijuana and alcohol

Advocates for legalizing marijuana in California seem to be gaining supporters, and state voters are likely to see an initiative to change the state’s current ban on the November ballot. If the measure passes, police officers in California are going to have to find a better way to determine whether a driver is guilty of DUI in Los Angeles.marijuana brownies dui attorney los angeles

Oregon passed laws permitting the recreational use of marijuana in 2015, the state only recently okayed the sale of marijuana edibles. Police in Salem, Oregon, stepped up their DUI patrols over the first weekend in June, when stores started selling marijuana brownies and other delicacies containing THC.

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The recent legalization of marijuana in Colorado and Washington – in addition to the widespread and growing approval of medical pot — has spurred some fascinating research. Scientists want to understand how the growing wave of marijuana users is influencing the landscape of DUIs. Many police officers and other professionals working on this problem contend that drug DUI driving could become increasingly disruptive and deadly as marijuana laws soften.drug-dui-pot-los-angeles

Medical marijuana use is legal in California, but smoking and driving can still easily land you a drug DUI in Los Angeles and around the state.

Very few studies have been done to assess the risks of driving while high on marijuana. The National Institute on Drug Abuse and the NHTSA are wrapping up one such study — a 3-year investigation that researched the drug’s effects on driving. Using one of the most powerful driving simulators on the planet, researchers gave test participants either a placebo or varying concentrations of the drug and asked them to use the simulator.

The study yielded a surprisingly negative result. The data analysis software can detect subtle changes in driving behavior; and participants on marijuana exhibited hardly any change.

Police officers are not convinced that THC is innocuous, however, and don’t hold your breath waiting for the law to keep up with the science. Roadside THC detection tests are being developed and sold to law enforcement agencies in areas where pot is legal. Drivers pulled over while under the effects of marijuana can still be given a DUI – even in states like California where consumption can be legal. In California, police test for marijuana impairment using blood tests, which can indicate recent use.

As a frequent contributor to respected media, like The New York Times, The Los Angeles Times and Good Morning America, Los Angeles DUI attorney Michael Kraut of the Kraut Law Group understands what it takes to build successful defenses in complex DUI cases. Contact him and his team today to schedule a consultation.

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