Is It Illegal To Drive With Weed In the Car?
As you may know, the laws surrounding marijuana use and possession have been constantly changing in California. While recreational marijuana is now legal in the state, there are still certain rules and regulations that must be followed when it comes to driving with weed in your car.
Firstly, it is important to note that it is illegal to smoke or consume marijuana while operating a vehicle. This is considered driving under the influence and can result in serious consequences, just like driving under the influence of alcohol.
But what about having weed in your car while you’re not consuming it? Well, technically it is not illegal to have marijuana in your car as long as it is stored properly. This means that it must be sealed and stored in a location where the driver or passengers cannot access it while the vehicle is in motion.
However, even with proper storage, having marijuana in your car can still lead to potential legal trouble. If you are pulled over by law enforcement and they discover that you have weed in your car, they may assume that you were consuming it or intended to do so while driving. In this case, you could be charged with a DUI or other drug-related offenses.
In situations like these, having an experienced defense attorney on your side can make all the difference. They can help protect your rights and build a strong defense against any charges brought against you. Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We have over 40 years of experience in Southern California. Call us today at (877) 4-NO-JAIL for your free consultation!
Mere Possession
The Fourth Amendment of the United States Constitution guarantees individuals the right to security in their person, homes, belongings, and documents. It prohibits government entities, including police officers, from conducting searches or seizures without probable cause and a warrant.
Nonetheless, there are exceptions to the warrant requirement, one of which is known as the Automobile Exception. The Automobile Exception allows an officer to search a car if he or she has probable cause that there could be contraband or evidence of a crime contained within the vehicle.
Proposition 64
The approval of Proposition 64 in 2016 legalized the possession and transportation of small quantities of marijuana in California for individuals who are 21 years of age or older (as per Health & Safety Code § 11362.1(a)(1)). However, it’s important to note that Proposition 64 does not authorize drivers to have an open container or package of cannabis or cannabis products. This means that while individuals over 21 can possess and transport marijuana, similar to alcohol, the container or package must not be “open” during transportation.
In conclusion, in California, while it is legal to possess small amounts of marijuana in the car, it must be in a closed container. If the container is open while driving, you can be charged.
If you have been charged for possession of marijuana in an open container inside a vehicle, you need a skilled defense attorney on your side. Our attorneys at Wallin & Klarich have the experience you need. We offer exceptional service, experience, and affordable payment options to help you manage the cost of hiring a defense attorney. Call our office today for a free consultation!
Can You Get a DUI from Marijuana Consumption?
Section 23152(a) of the California Vehicle Code not only prohibits driving under the influence of alcohol but also extends to driving under the influence of drugs, including marijuana. The prosecution has various methods to establish their case, such as the detection of the smell of marijuana by the police officer during a traffic stop, observing marijuana in your vehicle, assessing your driving behavior, evaluating your conduct and appearance, administering a field sobriety test (FST), and conducting a chemical test to measure the level of Tetrahydrocannabinol (THC) in your bloodstream. It’s important to note that even if marijuana is detected in your system, the prosecutor must demonstrate that the amount present impairs your ability to operate a vehicle. Mere traces of marijuana in your bloodstream may not be sufficient evidence.
If you find yourself in this position and receive a DUI from marijuana, you need an experienced defense attorney representing you and your case. Having a DUI on your record can have
Contact Wallin & Klarich Today
If you have been charged for any marijuana-related offense, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.
Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.
