DUI: Medical Marijuana Scrutiny

California’s Governor, Jerry Brown recently signed into law a three-bill package known as the “Medical Marijuana Regulation and Safety Act” which calls for regulation of the medical marijuana industry. The aim of the act is to create oversight in an industry that has been, largely, unregulated since California voters approved Proposition 215 in 1996. 


Assembly Bill 266, one of the three bills, calls for a study on the impact that marijuana has on motor skills. The study is to be conducted by the University of California, San Diego’s Center for Medicinal Cannabis Research. A focus of the study will research the effects that cannabis use has on operating a motor vehicle. The results of this study will likely impact thousands of statewide drivers.


Everyday in California, individuals are arrested for DUI with marijuana being the alleged intoxicant. It is fact, there is no scientific evidence that shows how marijuana affects driving. Studies show that marijuana use in a casual user  is detectable for up to 30 days and, in some cases, longer. There is, however, no test that will detect when and how much marijuana was used. These facts make it difficult for a prosecutor to obtain a conviction for a marijuana related DUI without compelling evidence that the driver was so intoxicated that he or she could not exercise the same degree of care and caution that an unimpaired driver would exercise.


If you have been arrested and charged with driving under the influence of marijuana, our criminal defense attorneys are here to help. Call or email us today to schedule a free case evaluation with an attorney at Hammerschmidt Law Corporation.