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Is My Medicinal Marijuana Prescription a Valid Defense in My DUI Case?

According to California Vehicle Code §23152, it is unlawful to operate a motor vehicle while under the influence of alcohol, drugs, or both. In order for an individual to be convicted of a DUI, prosecutors must prove beyond a reasonable doubt that the person being charged was intoxicated while driving.

It is much easier to determine whether an individual is under the influence of alcohol while operate a vehicle, compared to proving the influence of illegal drugs or controlled substances. Alcohol can be tested more effectively through a breath or blood test, while drugs, specifically marijuana, is more difficult since a breath or blood test will not provide accurate calculation of intoxication. Marijuana could have been from a previous day and the person may not be under the influence at all.

However, if a person has been charged with a DUI for being under the influence of marijuana, a medicinal marijuana prescription is not a proper defense. When you compare alcohol with marijuana, alcohol is not illegal for people over the age of 21, but it is still illegal for a person to consume it and operate a vehicle. In a similar circumstance, marijuana is not illegal if an individual an adequate medical prescription. Alas, it is illegal for a person to operate a vehicle if they are under the influence or marijuana.

It’s imperative to understand that simply possessing a medicinal marijuana prescription does to allow an individual the right to use marijuana whenever they want, including before or when they drive a vehicle.

If you have been arrested and charged for a DUI while under the influence of marijuana, contact The Law Offices of Robert F. Sommers and schedule a consultation with our Ventura DUI defense lawyer today.