marijuana DUI los angeles

October 26, 2016

Would Legalized Pot Increase DUIs in California?

With Election Day just a few weeks away, proponents and opponents of California’s Proposition 64 are weighing in on how the legalization of marijuana could impact the incidence of DUI in Los Angeles and other jurisdictions throughout the state.

Proposition 64 would decriminalize the use of marijuana in California by adults 21 years of age or older. The law would allow people to grow up to six marijuana plants in their own homes, as long as the public couldn’t see those plants. The state would reap big financial benefits, collecting a tax on the sale of marijuana (15 percent) and on the cultivation of marijuana flowers ($9.25 per ounce) and marijuana leaves ($2.75 per ounce).

October 14, 2015

How Much Marijuana Before It’s a DUI?

by Michael Kraut

Eleven U.S. states have now legalized or decriminalized marijuana. California, which approved of the use of the drug for medical purposes, also seeks to legalize the drug completely in the next few years. But the move to legalization raises the question of how marijuana impacts a driver. How much THC (the active ingredient in marijuana) would have to be in the bloodstream before police could charge someone with a DUI in Los Angeles?

A Florida state legislator, Dave Kerner of Lake Worth, believes that there should be a standard for determining marijuana intoxication when it comes to driving, just as there is a blood alcohol content for people who drink. He thinks that at 5 nanograms of active THC in the bloodstream, the courts should presume that the person is driving under the influence of cannabis.

Kerner introduced a bill into the Florida Legislature to make this standard the law in the Sunshine State. He named the bill the Naomi Pomerance Victim Safety Act in honor of a 16-year-old girl killed in a crash caused by a person high on marijuana. Kerner isn’t a marijuana opponent, however; he supports medical marijuana.

Other states are addressing this issue as well. Colorado, where marijuana is legal, already has a law that presumes that someone is operating under the influence if the THC level in the bloodstream is 5 nanograms or higher.

The National Highway Transportation Safety Administration says that data from road traffic arrests and fatalities indicate that after alcohol, marijuana is the most frequently detected psychoactive substance among drivers. Marijuana has been shown to impair performance on driving simulator tasks and on open and closed driving courses for up to approximately 3 hours.
“Decreased car handling performance, increased reaction times, impaired time and distance estimation, inability to maintain headway, lateral travel, subjective sleepiness, motor incoordination, and impaired sustained vigilance have all been reported,” according to the NHTSA. The organization has not taken a position, however on the use of THC levels to measure driver impairment.

Los Angeles DUI defense lawyer, Michael Kraut, of the Kraut Criminal & DUI Lawyers is standing by to offer critical insight into your case and potential defense options. Call him and his team today to begin regaining control over your case and your life.

September 10, 2014

California Baseball Star, Everth Cabrera, Arrested for Marijuana DUI

by Michael Kraut

Only a few days ago, San Diego Padres’ shortstop, Everth Cabrera, was arrested in eastern San Diego County. The charge: driving under the influence of marijuana. If you or a love one faces similar charges, Cabrera’s story might be able to provide you pivotal insight into what to do and not to do to manage a marijuana-related Los Angeles DUI case.

Cabrera’s Arrest

Border patrol stopped Cabrera and sent him back to the California Highway Patrol office. When he arrived, the star did not appear to be under the influence of drugs or alcohol, and authorities released him to the custody of his mother-in-law.

Cabrera apparently claimed in his defense that he had been using a medical substance and that he didn’t know what was in it. But even if someone’s on a legal drug, such as an over the counter medication, he or she can face serious drug DUI charges for getting behind the wheel while under the influence.

According to the Padres, the investigation is still underway. The team is currently communicating with Major League Baseball about how to handle the situation.

This is not the first time Cabrera has gotten in trouble with the law. In 2012, Cabrera was arrested on a charge of domestic violence misdemeanor assault. That charge was ultimately dropped.

DUI Marijuana Charges in LA

In California, almost all cultivation and possession of marijuana is illegal. Federal and state laws differ with respect to how and when marijuana use or sale constitutes an illegal act. It is unlawful to drive under the influence of marijuana, regardless of whether the driver has a medical justification. Additionally, prosecutors don’t have to show how much marijuana was in the driver’s system; they only need to show that the driver was generally under the influence.

Marijuana stays in the body far longer than alcohol and other drugs. Blood samples can show evidence of metabolites of THC, a psychoactive compound in marijuana.

If you were not under the influence, but you had been in possession of marijuana or marijuana paraphernalia, you may be charged with a misdemeanor. Possession of marijuana for sale is a felony. Whether or not an officer witnesses a sale taking place, he or she can penalize you for having a scale, pager, or large amount of cash along with possession.

If you’ve been arrested for a marijuana-related DUI in Los Angeles, the first thing to do is contact a criminal defense attorney with extensive knowledge and experience about such cases. Michael Kraut is a Los Angeles DUI attorney with years of experience dealing with drug crimes in the region.