DUI Marijuana in California. If your mental abilities are impaired
by marijuana, then technically you are not operating a vehicle using the ordinary
care of a person who is sober. In this instance, this would then be a violation
of California Vehicle Code 23152(e).
Under California Vehicle Code 23152(e), it is not lawful for
a person to drive a vehicle under the influence of ANY drug. But here is what’s
interesting, marijuana is legal in California since prop 64 was passed. So then
how does it fit squarely within the definition of a “drug?” This is the current
legal debate.
Moreover, Marijuana-Impaired Driving is being intensely
researched and studied. The debate is whether marijuana impairs driving, similar
to alcohol and should therefore be given the same treatment and consequences –which
it is at this point; or should marijuana not be given the same treatment as alcohol,
as studies may suggest is has a different effect on the body and brain, when compared
to alcohol.
This is the current debate.
Just note for your own knowledge, that if you are pulled
over for bad driving or “stoned driving” right now under the law, you will
suffer consequences akin to an alcohol related DUI.
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