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Driving While Under the Influence of Marijuana

Medical Marijuana has now been legal in the state of California for two decades, and throughout that time some people have been concerned about high drivers. Under California Vehicle Code 23152(e) VC, it is unlawful for a person to drive under the influence of any drug. However, with the amount of medical marijuana licenses already active in California and new ones being issued daily, the chances of encountering a high driver may be elevated. If you have been accused of being high at the wheel, there are ways to defend yourself from the penalties that you may be facing.

Defenses for Driving High

Medical marijuana is prescribed for numerous symptoms that vary in severity. Cancer patients are frequently prescribed cannabis to be able to endure the pain of treatment, increase their appetite, and to treat other symptoms. These people are dependent on the drug to help them overcome their illness, and it would be illogical to refuse these people the ability to drive as driving is such an integral part of our society. Due to a lack of an accurate field test, a police officer can charge a medically licensed marijuana user with a DUI if they have suspicion that the driver was under the influence. This can be an unfair system for the people who use marijuana every day and need to drive to work or school. Fortunately, there are several defenses that can be used to fight these charges:

  • Proving that your marijuana use was several hours past
  • The effects of marijuana did not significantly impact your ability to drive
  • The police officer had no justifiable reason to pull you over

While driving under the effects of medical marijuana may increase the possibility of an accident, a legal limit needs to be instilled in California so that people who need the drug are still able to drive. Legalization of marijuana is becoming ever more widespread and governments need to begin to find better ways to regulate it.

Contact a San Jose Criminal Defense Lawyer Today

If you have been charged with a DUI for driving while under the influence of marijuana, there are many ways to help you build a strong defense against these allegations. Contact an experienced San Jose criminal defense attorney with the Law Office of Daniel Jensen, P.C., at [phone number] today to learn more about what we can do to assist you.

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