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Marijuana DUI in El Cajon: VC 23152(F)

Kern Law, APC, has defended clients against Marijuana DUI charges since 2004 in East County San Diego, including EL Cajon, Santee, La Mesa, Spring Valley, Lemon Grove, and other parts of San Diego. California Vehicle Code Section 23152(f) is the statute that covers Marijuana DUI. The legal limit for a DUI involving alcohol in California is .08. However, there is no specific amount for Marijuana DUI. Because there is no legal limit for Marijuana DUI cases, they can present challenges for prosecutors. It is critically important to have an experienced DUI attorney representing you when faced with a Marijuana DUI charge.

THC, or delta -9-tetrahydrocannabinol, is the primary psychoactive ingredient found in marijuana. The non-psychoactive ingredient in marijuana is cannabidiol or CBD. Some states impose restrictions on the amount of THC a driver can have in their bloodstream while driving, California does not.

To prove that someone is guilty of Marijuana DUI, the prosecutor must establish the following under Vehicle Code Section 23152(f):

  1. A person drove a vehicle; and
  2. The person was under the influence of any drug, including cannabis; and
  3. The person’s mental or physical abilities are so impaired by such drugs that they are unable to operate a motor vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

The law bars driving with an “open package of cannabis.” A baggie knotted and closed at the top is not open. Additionally, the odor of marijuana alone no longer provides an inference that a car contains contraband, because individuals over the age of 21 can now lawfully possess and transport up to 28.5 grams of marijuana.

If you have been arrested and charged with Marijuana DUI, VC 23152(f), in San Diego, contact Kern Law, APC today.

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