Smoking Bud At the Wheel is (Kind Of) Legal in California
Californias DUI laws already outlaw cannabis intoxication at the wheel, and Prop 64 (the states recently adopted adult use legalization law) explicitly bans open containers of marijuana in a moving car. But two state legislators say a loophole in 64, coupled with imprecise and unreliable testing methods for marijuana DUI, makes smoking weed behind the wheel (technically) legal. Theyve introduced legislation that would explicitly ban lighting up on the road.
Cannabis became legal for all adults 21 and over in California on Election Day when California voters approved Proposition 64, the Adult Use of Marijuana Act. AUMA legalized cannabis, but it also banned open containers of marijuana in a vehicle, including automobiles, boats and aircraft.
Lawyers interpret this to mean something similar to having an open container of alcohol. So if theres a burning joint, a pipe in between passes or a glowing dab rig in your car, you could be in trouble.
But the Sacramento Bee reports that this still isnt enough for Jerry Hill, a state senator from San Mateo County whos put in work on cracking down on drunk driving. Hill is one of several lawmakers working to pass a bill that specifically prohibits smoking cannabis while driving a car.
This legislation makes our laws for smoking while driving consistent with drinking while driving, Hill said.
From the Bee:
Current law bans driving while under the influence of alcohol, marijuana or other drugs. But unlike a breathalyzer test for alcohol, theres no standard method to determine marijuana impairment. Urine samples, which are often used in drug-free workplaces, are unable to determine whether someone is under the influence of marijuana at the time of the test or if the drug remained in their system from prior use. Proposition 64 required the California Highway Patrol and UC researchers to develop protocols and best practices for detecting those impaired from drug use.
Hills office told theLA Weeklythat the current law leaves too much grey area.
Unfortunately, nothing in Proposition 64 or pre-existing law expressly prohibits smoking or ingesting marijuana while driving leaving law enforcement officers with limited options if a driver ...
