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DUI of Marijuana, Possession of Marijuana and Driving While in Possession of Marijuana

By Neil Shouse, Esq.

Let?s say that the cops pull you over and see that you have a half-smoked joint on the floor board of your car. They assume you?ve been smoking and conduct an investigation to see if you?ve been driving under the influence of marijuana. Even if they conclude that you were not, they will probably still cite you for violating California?s possession of marijuana law. This, however, is not the appropriate charge. Possession of marijuana is a separate offense from driving while in possession of marijuana. Both are infractions, punishable by a maximum $100 fine. However, possession of marijuana is an offense that qualifies for drug diversion, driving while in possession of marijuana is not. And if you are convicted of driving under the influence of marijuana and possession of marijuana, the DUI charge will disqualify you from participating in drug diversion as well...continue to full post

Full post as published by DUI Blogger on February 09, 2011 (boomark / email).