All You Need To Know About DUI Marijuana Law In California

MJLegal is published by the MJBA.

CALIFORNIA: On November 8, 2016, Proposition 64 was passed in the state of California, legalizing the possession and recreational use of marijuana. On January 1, 2018, this law came into effect.

According to Proposition 64, any person aged 21 and over may purchase, possess and consume up to an ounce (28 grams) of cannabis or up to 8 grams of cannabis concentrate, and they may also grow up to 6 marijuana plants at their private residence.

In January 2018,  California became the eighth state to legalize marijuana, joining the likes of Oregon, Washington, Alaska, Nevada, Colorado, Maine and Massachusetts. But while you may be 21 and over in California, it is illegal to drive under the influence of marijuana in the state.

Arresting someone for a weed-influenced DUI is certainly not as easy as arresting someone for drunk driving. There is no “per se” level like the one for alcohol (0.08%), at least in California, and there are no simple tools like the Breathalyzer to instantly gauge if someone’s driving impaired.

This has created a substantial challenge for police officers in the state, with them having to rely on subjective judgments to determine whether a person is driving under the influence of marijuana.

But California does employ drug recognition experts trained specifically to conduct tests and identify cannabis-related impairment, so if you do get arrested, it’s important to know how to handle a Pot DUI charge.


23152(e) VC – Driving Under the Influence of Drugs
● 23152(f) VC – Driving Under the Combined Influence of Alcohol and Drugs
● Unlawful Possession of Marijuana for Personal Use


If you are arrested for violating 23152(e) VC or 23152(f) VC, you will be subjected to a standard Breathalyzer test used to detect alcohol impairment.

If the test comes up negative or low, and the officer has a reasonable suspicion of drug-related impairment, you will be asked to submit to a blood test or a urine test if you cannot take a blood test or if blood testing facilities are unavailable.

If you refuse to take a blood or urine test while under arrest, your driver’s licence will be suspended for a year, regardless of whether you are later convicted of driving under the influence or not.


Like any other instance of DUI, drug-related DUI is typically charged as a misdemeanor. The penalties imposed would depend on the case and the defendant’s prior DUI convictions, if any.

● 23152(e) VC

If the defendant is convicted under the California Vehicle Code Section 23152(e) VC, their driving license would be suspended for a period of 6 months for a first-time conviction. The period of suspension may be longer with a record of prior DUI convictions.

First-time offenders may have to spend 3 months or more in DUI school, and may also have to spend time in jail depending on the case. The punishments increase with second and third convictions.

● 23152(f) VC

If the defendant’s Blood Alcohol Concentration (BAC) is found to be more than 0.08% after a blood test, and they are convicted under the California Vehicle Code Section 23152(f) VC, their driving license would be suspended for a period of 6 months for a first-time conviction. The period of suspension may be longer with a record of prior DUI convictions.

The defendant may be placed on summary probation for 3 to 5 years, and they may have to serve jail time and attend DUI school for 3 months or more. The punishments increase with second and third convictions.

A defendant’s fourth or higher conviction is treated as a ‘wobbler’ offense, which can be treated either as a felony or a misdemeanor.

● Unlawful Possession of Marijuana

Possession of marijuana in excess of 28 grams or 8 grams of concentrated cannabis is considered a misdemeanor and is punishable by up to 6 months in county jail and/or a fine of $500.

Possession of marijuana under those limits by anyone aged 18-20 is punishable by a fine of $100 and mandatory drug counseling and/or community service.

If faced with any of these charges, you should consult with a DUI lawyer with years of experience in handling such cases. A lawyer would be your best bet to prepare a solid defense that will get you the best result possible.

With the legalization of weed, you can now get your favorite strain of marijuana at any one of several registered dispensaries all over the state, and you can even get it delivered to your doorstep when you buy weed online.

But it’s not legal to drive under the influence of marijuana, and you would be best served abiding by the law in California.

The Green Earth Farmacie Los Angeles Opens To Recreational Cannabis Consumers

CALIFORNIA:  The Green Earth Farmacie, leading cannabis dispensary specialists, announced they are now open for adult use recreational customers. The Green Earth Farmacie is one of the first dispensaries in Los Angeles to officially open their doors to the general public. To participate, customers must be adults 21 years and over, with a valid ID to verify legal age.

“This is an exciting time for us, and quite frankly, it’s exciting for the people of L.A.,” said Mo Anouti, Founder and CEO. “I feel like this has been a long time coming and I can’t wait to provide our high-quality cannabis to people who have otherwise had their access restricted for far too many years.”

The announcement comes on the heels of the implementation of Proposition 64, a California State initiative passed in 2016 that saw voters legalize the sale of recreational marijuana used by adults. The measure also calls for taxation on the cultivation and retail sale of cannabis. Revenue generated from these taxes are set to go to drug research and treatment, youth programs, and various health and safety grants.

“It’s the dawning of a new era for Californians, and for Angelinos in particular,” continued Mr. Anouti. “We’re still going to continue proudly serving our medical cannabis patients, but we are happy that we now have the opportunity to provide the same great service and high-quality cannabis options to the public, too.”

Polling by UC Berkeley Shows Nearly 2:1 Voting Support Passing Proposition 64 in California

CALIFORNIA: Polling by UC Berkeley recently showed near two-to-one (2:1) support in the state of California for Proposition 64 passing. Cannabis Science is moving full-steam ahead to expand their product line, increasing the new products for launch. The Company has shored up the infrastructure to handle distribution capabilities to large client base.

9 More States looking to Vote Yes to Legalizing or Medicinal Usage

Voters in five states — California, Arizona, Massachusetts, Maine and Nevada — will decide whether to fully legalize and regulate marijuana. They would join Washington, Colorado, Alaska and Oregon, states that already allow using marijuana for recreational purposes. Voters in another four states — Florida, Montana, North Dakota and Arkansas — will decide whether to approve marijuana for medical use. They’d join the list of 25 states and the District of Columbia that have approved medical marijuana.