Many poll watchers expect Proposition 64, which would permit recreational use of marijuana in California, to become law. Law enforcement groups, many of which oppose Prop 64, express concern the state is not equipped to handle the almost certain significant increase in people driving under the influence of marijuana. Current law addresses drivers impaired by marijuana, and Prop 64 does provide funding to further address the issue.
Vehicle Code
Closely paralleling California’s driving under the influence of alcohol law found at VC 23152(a), the relevant code regarding drugs and driving are:
- VC 23152(e): It is unlawful for a person who is under the influence of any drug to drive a vehicle.
- VC 23152(f): It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
A “Drug” as Defined for DUI Purposes
A drug is defined as any type of substance other than alcohol that may have an effect on an individual’s nervous system, brain or muscles. Thus, if a driver is impaired by the ingestion of drugs to the extent he or she cannot drive as a sober driver could under similar circumstances, he or she may be charged with a DUI drug offense.
Prop 64 Provisions
A 15 percent retail sales tax imposed under Prop 64 would earmark $15 million during the first five years after passage for training of law enforcement personnel and the establishment of statewide protocols.
No Per-Se Standard
Prop 64 does not establish a per-se standard to establish impairment based on a set limit of THC in the blood system of a driver. Other states that have decriminalized marijuana such as Colorado and Washington, for example, have per-se laws set at 5 nanograms of THC per milliliter of blood.
Case by Case Decisions
Until and if the California legislature decides to act, marijuana DUI will remain very much based on the individual facts of the case. A recent case in point: after being pulled over for erratic driving on Melrose Avenue in West Hollywood, a suspect admitted to smoking pot five hours previously. A drug recognition expert called to the scene determined the driver was impaired, he was arrested and a blood sample was taken. The THC result was 8.4 nanograms per milliliter. Nonetheless, the defendant’s Los Angeles DUI attorney was able to achieve a trial result where 11 jurors voted to acquit and only one found the driver guilty.
