Driving High in California? Here’s What the Law Says

Cannabis Use and Driving: The Law in California

California Vehicle Code 23152(f) makes it illegal to drive under the influence of any drug, including cannabis. However, unlike alcohol, where there is a legal limit of 0.08% Blood Alcohol Concentration (BAC), there is no specific threshold for THC impairment. This means that law enforcement officers rely on field sobriety tests, behavioral observations, and sometimes blood tests to determine impairment.

 

How to Legally Store Cannabis in a Vehicle

If you need to transport cannabis in your vehicle, you must follow these storage rules:

  • Cannabis must be in a sealed container.
  • If the container is open, it must be placed in the trunk of the car.
  • Passengers cannot consume cannabis while inside a moving vehicle.

 

Failure to comply with these laws can result in fines or additional penalties, even if the driver is not under the influence.

 

Penalties for a Cannabis DUI in California

The consequences of a cannabis DUI depend on prior offenses and other factors:

First Offense:

  • Jail time between 96 hours and 6 months
  • Fines from $390 to $1,000
  • License suspension for up to 6 months
  • Mandatory DUI education program

Second Offense (within 10 years):

  • Jail time between 90 days and 1 year
  • Fines from $390 to $1,000
  • License suspension for 2 years
  • Mandatory DUI education program

Third Offense (within 10 years):

  • Jail time between 120 days and 1 year
  • Fines from $390 to $1,000
  • License suspension for 3 years
  • Installation of an ignition interlock device
  • Mandatory DUI education program

For repeat offenders, the penalties escalate significantly and may include felony charges, extended jail time, and permanent loss of driving privileges.

Additional Considerations

  • Medical Cannabis Users: Even if you have a medical cannabis card, driving under the influence is illegal.
  • Open Container Violations: An open container of cannabis in a vehicle can lead to fines, regardless of impairment.
  • Impact on Employment: A DUI conviction can affect your job prospects and become a permanent part of your record.

 

Please let us know if you found this information helpful. 

 

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