CALIFORNIA CRIMINAL LAWYERS

Los Angeles Possession While Driving

Driving with Marijuana: Laws and Defenses

It is illegal to operate a vehicle with marijuana in the car. Possession of anything up to one ounce of marijuana is a violation of the California Vehicle Code 23222(b). As per the law, the penalty for this offense is a fine of $100, and possible court costs. The lawmakers strictly prohibit smoking marijuana while driving, and it is considered driving under the influence (DUI), which is a serious offense.

Transporting concentrated cannabis or hashish is illegal under the California Health and Safety Code 11357(a). When someone is caught with concentrated cannabis in their vehicle, they may face a more severe fine, and possibly even time in jail. Moreover, if someone is discovered transporting more than this specific limit, the crime becomes that of transporting marijuana, making them liable for punishment under California Health and Safety Code 11360.

There exist some defenses to California possession while driving that someone can avail themselves of. For instance, they could have a prescription for medical marijuana. If someone possesses medical marijuana legally, it does not necessarily equate to smoking or transporting it. In California, a person with a medical marijuana prescription is allowed to take the medical prescription home in their car like any legal drug, provided they follow the requisite laws.

Another viable defense is if the accused is a medical marijuana caregiver. Under Proposition 215, California’s medical marijuana law allows certain adults to be appointed caregivers for patients possessing a medical marijuana card. These individuals are the ones responsible for taking care of the medical marijuana patients. A caregiver may transport a patient using medical marijuana, and in this case, marijuana in the vehicle is not a crime.

Moreover, if someone is not legally ‘possessing’ the marijuana found in their vehicle, it can be considered a defense. If someone is caught smoking marijuana while driving, they are technically ‘possessing’ the cannabis in their hand. On the other hand, if the cannabis is hidden somewhere in the car, and the driver is not in direct control of the substance, then they might not be responsible. For example, the weed could have been secreted away by a wary passenger or someone that borrowed the car at some point.

It is crucial to understand that a skilled criminal defense lawyer will be of great help in situations where someone is charged with marijuana possession while operating a vehicle. A professional lawyer has the expertise and knowledge to counter the charges of marijuana possession while driving.

One defense against the marijuana charges is if there was an illegal search of a suspect’s car. It is important to keep in mind; a routine traffic stop for speeding is not sufficient probable cause to allow an officer to search someone’s car without the person’s consent. If the marijuana is inside the vehicle’s interior, and it is hidden and out of plain sight, it is generally deemed an illegal search.

Although marijuana laws have relaxed in California, it is still prohibited to drive with marijuana in a vehicle unless authorized to possess the cannabis for medical purposes. Thus, if someone has been caught with possession while driving, it is recommended that they consult a practiced Los Angeles criminal defense attorney immediately. The sooner an experienced attorney is brought in, the quicker the case can be resolved.

Below is a table with the potential defenses of possession of marijuana while driving.

| Defenses to Possession while Driving |
| — |
| Having a prescription for medical marijuana |
| Being a medical marijuana caregiver |
| Not being in direct control of the marijuana |
| An illegal search of the car |

Note: A skilled attorney must present these defenses to the court. Basing the defense on mere speculation or without sufficient knowledge of the law can result in severe consequences for the accused.

Driving with Marijuana: Penalties

In California, there are different penalties for having marijuana in a car depending on how much is present. Below is a table listing potential penalties for violation of different marijuana possession laws in California.

| Penalties for Marijuana Possession while Driving |
| — |
| Possession of up to one ounce of marijuana | $100 fine plus court costs |
| Smoking marijuana while driving | DUI charge |
| Possession of concentrated cannabis (hashish) | Possible fine and jail time |
| Possession of more than one ounce of cannabis | Transporting marijuana charge |

Note: These penalties are mere possibilities and may change depending on the circumstances of the case. Therefore, one must have an experienced attorney by their side to create the defense possible.

Conclusion

Driving with marijuana in the car is a punishable offense in California. People can be charged for possessing even the most minute amount of marijuana in their vehicle. Fortunately, there are defenses someone can use in this type of situation. They include having a medical marijuana prescription, being a medical marijuana caregiver, not being in direct control of the marijuana, and an illegal search of the car.

If someone is charged with possession while driving, they must bring in a competent attorney to assist them immediately. A skilled lawyer will possess the knowledge and expertise required to help mount the defense possible. It does not matter if one is guilty or innocent; without the right attorney, a person could face severe consequences.