You were fined for smoking marijuana in your car while it was parked outside a bar. Isn’t marijuana legal in California? Do I really have to pay the fine?
Yes. Proposition 64 legalized recreational marijuana. This means it is legal for people 21 and older in California to possess and use small amounts of marijuana.
But note that per California Health & Safety Code 11362.3, it is still illegal for you to use marijuana in public places.
This means you generally cannot smoke or ingest marijuana or a marijuana product in your car while it is on public property. But you can smoke marijuana in your car if it is on private property.
1. What is the California law on smoking marijuana in a motor vehicle?
California’s marijuana laws say that the smoking or ingesting of cannabis or a cannabis product in a public place is against the law.1
This means it is against the law for you to smoke weed in a parked car or a running car if it is located on public property. This is true no matter if the use of marijuana is for:
- recreational use, or
- medical use.
The above rules apply no matter if you are in a vehicle’s:
- driver seat,
- passenger seat, or
- back seat.
A violation of these rules is an infraction punishable by a $100 fine.2
Please note though that you can smoke or ingest marijuana or a marijuana product if the car is on private property. The only exception is that you cannot smoke pot on private property if:
- smoke from the weed is detectable by someone on the grounds of a school, daycare center, or youth center, and
- children are present at the school, daycare center, or youth center.3
2. Can you possess marijuana while in your car?
It depends. Vehicle Code 23222b sets forth the law on the possession of marijuana while driving.
This state law says that you cannot:
- be in your car when it is on a highway, and
- do so when you are in possession of marijuana that is either in an open container or no container at all.4
A “highway” generally includes:
- a freeway, and
- other public roads or streets.
The above rules mean that you can really only have marijuana in your car if:
- it is in a sealed container (for example, one provided at a dispensary), or
- the car is on private property.
A violation of VC 23222b is an infraction punishable by a fine of $100 or more.
3. Can you drive after smoking marijuana?
Not if you are under the influence. California law says it is a crime if you operate a motor vehicle while:
- under the influence of marijuana or any other drug, or
- under the combined influence of drugs and alcohol.5
You are generally “under the influence” of drugs or alcohol when you can no longer drive like a sober person under similar circumstances.
Note that California does not have a specific “legal limit” for drugs like the .08% BAC legal limit for alcohol. This is because experts cannot agree on what amount of a drug will make you too impaired to drive.6
Law enforcement personnel or a highway patrol officer will generally determine whether or not you are under the influence by:
- checking your physical symptoms,
- administering field sobriety tests, and
- consulting with a drug recognition expert.
If you are arrested for DUI of marijuana, you will likely face misdemeanor charges. A conviction for DUID can result in:
- jail time,
- misdemeanor probation,
- a fine, and
- a suspension of your driver’s license.
4. Should you contact a defense attorney for help?
Yes. You should consult with a criminal defense attorney if you were fined or arrested because of marijuana.
A skilled lawyer will help determine the best way to get charges reduced or dismissed, and to keep your record clean.
In the context of a DUID charge, a defense lawyer can help by:
- trying to prevent your driver’s license from getting suspended,
- determining the level of THC that was in your body at the time of your arrest,
- gathering evidence to show your innocence,
- negotiating with a prosecutor to reach a favorable plea deal, and
- representing you at court hearings on your behalf.
Additional reading
For more in-depth information, refer to these scholarly articles:
- Assessment of Incorporation of Lessons From Tobacco Control in City and County Laws Regulating Legal Marijuana in California – JAMA Netw. Open.
- The impact of marijuana decriminalization on California drivers – Drug and Alcohol Dependence.
- The effects of medical marijuana laws on cannabis-involved driving – Accident Analysis & Prevention.
- Medical marijuana laws and driving under the influence of marijuana and alcohol – Addiction.
- Risk Factors for Driving After and During Marijuana Use – Journal of Studies on Alcohol and Drugs.
Legal References:
- California Health & Safety Code 11362.3a1.
- California Health & Safety Code 11362.4.
- California Health & Safety Code 11362.3a3.
- California Vehicle Code VC 23222b VC.
- California Vehicle Code 23152f and 23152g VC.
- See, e.g., National Highway Traffic Safety Administration, “Drug-Impaired Driving: Understanding the Problem and Ways to Reduce It—A Report to Congress.”
