October 3, 2017 By Matthew Wallin

In 2016, California voters approved Prop 64, making the recreational use of marijuana legal in the state. In 2018, businesses will be able to apply for licenses to sell marijuana in California.

With these new laws regarding marijuana use taking effect, it stands to reason that other laws will need to catch up. That is why California recently passed a law clarifying whether you can legally use marijuana while driving.

Can I Use Marijuana While Driving?

There are already laws in place that make driving under the influence of marijuana a crime in California. Under California Vehicle Code Section 23152(f), you face up to six months in county jail and expensive fines if you are convicted of driving while under the influence of marijuana.

However, California currently does not have a standard for testing the amount of marijuana in a driver’s system and there is no legal limit for marijuana in California. Therefore, it can be extremely difficult to prosecute drivers who smoke pot.

That is why California lawmakers introduced Senate Bill 65, which prohibits smoking or consuming marijuana while driving a vehicle or riding in one as a passenger in California.

The bill states that “smoking or ingesting marijuana or any marijuana product” is illegal, meaning eating edibles containing marijuana while driving is also prohibited. Violations of this law are punishable by a fine of $70.

California Governor Jerry Brown recently signed the bill into law. It will take effect starting Jan. 1, 2018.

Can I Drive While Possessing Marijuana?

One of the big questions people have regarding California’s new marijuana laws is whether they are allowed to possess the drug in their vehicle.

If you are 21 years old or older, you are legally allowed to carry an ounce of marijuana or up to four grams of concentrated cannabis on your person. However, you could be found in violation of California Vehicle Code Section 23222(b) if you possess an ounce or less of marijuana while driving.

Violations of this law could result in fines of up to $1,000. If you have marijuana in your possession and you are driving, it is best to leave it in a glove box or trunk of your vehicle so that officers are not allowed to search for it without consent or a warrant.

Contact the DUI Defense Attorneys at Wallin & Klarich Today

If you or a loved one has been charged with DUI or any marijuana-related offense, you should speak to an experienced DUI defense attorney immediately. At Wallin & Klarich, our skilled criminal lawyers have been successfully defending clients facing DUI charges for more than 35 years. We’ve helped thousands of clients in their time of legal need, and we can help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance Los Angeles and San Diego, you can find an experienced Wallin & Klarich DUI attorney available to help you no matter where you are located.

Call our office now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation regarding your case. We will be there when you call.








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