State Resources
Driving Under The Influence of Marijuana

Marijuana Law and Penalties Sponsors

In all states including permissive use states such as California, it is illegal to drive a motor vehicle while under the influence of drugs or alcohol including legal-use marijuana. This should not be surprising, since all states make it illegal to operate a motor vehicle while under the influence of any drug, recommended by a physician or not, if that drug actually causes the impairment of the drivers ability to safely operate a vehicle.

A major problem for law enforcement in proving the crime is that traces of marijuana can be detected in the blood stream and urine for as much as thirty days after its original use. This means that a person can end up submitting to a blood or urine test at the request of law enforcement and end up testing positive for marijuana even though the driver had not used marijuana for days or even weeks.

California law for example, like most other states, makes it illegal to operate a motor vehicle if the driver was under the influence “at the time” of the subject driving. The good news for the defendant is that most states allow the jury to consider whether the marijuana trace found in the blood was from another day –
perhaps even from another week. The prosecution will often find it very difficult to overcome this challenge when the prosecutors case is based mostly or solely on a positive blood or urine test.

State and Federal Marijuana Laws and Resources
Medical Marijuana – Use and Acceptance
Confronting The Police – Possession of Medical Marijuana
Driving Under the Influence of Marijuana
Marijuana and Child Custody Cases
Possible Health Risks – Chronic Use
Employer Drug and Marijuana Testing
History of Medical Marijuana
The Difference an Ounce Can Make
Alzheimer's - Medical Marijuana
Zoloft and Medical Marijuana
Migraines and Medical Marijuana
Glaucoma and Medical Marijuana
California Medical Marijuana ID Cards

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