Just because recreational use of marijuana has been legal in the State of California since January 1, 2018, does not mean that you can drive under the influence of marijuana.
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A DUI is defined as "Driving Under the Influence". A person is guilty of DUI if s/he drives a vehicle; and s/he is under the influence of any drug (including cannabis); and
his or her mental or physical abilities are so impaired by such drug(s) that s/he is unable to operate the vehicle with the caution of a sober person, using ordinary care, under similar circumstances.
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How does the prosecutor prove that you are under the influence of Cannabis?
Proving DUI of marijuana presents serious challenges for a prosecutor. This is because unlike alcohol, there is no “legal limit” for marijuana under California law. California is different from some other states. Some states restrict the amount of THC that can be in a driver's bloodstream. THC is the main psychoactive ingredient in marijuana. It is what makes users feel “stoned” or “high.” Some strains of weed are low in THC and high in a substance known as “cannabidiol” (“CBD”). CBD is a non-psychoactive substance found in marijuana. Many medical marijuana users choose high CBD strains so as to obtain the health benefits of cannabis without getting high.
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