Have you been arrested for driving under the influence of marijuana in San Diego? Even though recreational cannabis is legal under California’s Prop 64, you can still face serious criminal charges for driving while impaired by marijuana. Law enforcement continues to aggressively pursue marijuana DUI cases, often relying on field sobriety tests, blood samples, and officer testimony—none of which require a defined THC threshold. Call Sevens Legal at (619) 430-2355 for a free legal consultation and find out how we can help protect your rights, your license, and your future.
Key Takeaways
• Proposition 64 legalized marijuana for adult use in California, but driving under the influence remains a criminal offense.
• California Vehicle Code § 23152(f) prohibits driving while impaired by marijuana.
• There is no defined THC “legal limit,” so marijuana DUI cases in San Diego are built on officer observations and blood test results.
• If you’re under 21, it is illegal to possess or consume marijuana at all.
• DUI penalties in San Diego can include license suspension, fines, probation, DUI school, or jail time.
• A skilled San Diego marijuana DUI lawyer can challenge the evidence against you and fight the DUI charges.
• You only have 10 days to request a DMV hearing to protect your license after a DUI arrest.
Even though marijuana is now legal for recreational use in the state of California, that doesn’t mean it’s safe—or legal—to use it and drive. If you’re facing DUI charges related to cannabis in San Diego, it’s important to understand what the law actually says and how Prop 64 applies to your case today.
What Is Proposition 64 — and What Did It Actually Legalize?
Proposition 64, also known as the Adult Use of Marijuana Act, was passed in November 2016. It made it legal in California for adults aged 21 and older to possess, transport, or purchase up to 28.5 grams of cannabis, grow up to six marijuana plants, and smoke or ingest marijuana products. This represented a major shift in California’s drug policy, effectively decriminalizing most recreational marijuana use and possession.
However, Prop 64 did not legalize everything. It did not permit marijuana use in public places, while operating a vehicle, or by anyone under the age of 21. Critically, the proposition also made it clear that driving under the influence of marijuana would remain illegal under California law. So, while Prop 64 gave adults more freedom to use cannabis, it also reinforced the boundaries—and the criminal penalties—for misuse.
Is Marijuana Legal in San Diego Today?
For adults 21 and older, recreational marijuana is legal in San Diego. This includes the ability to buy from licensed dispensaries, carry limited quantities, and use cannabis in private residences. The law, however, imposes strict limits on where and how marijuana can be used:
- You cannot smoke in public, near schools or childcare facilities, or anywhere smoking tobacco is banned.
- Driving or riding in a vehicle while using marijuana is also prohibited.
- Federal law still classifies cannabis as a Schedule I controlled substance, which means it’s illegal on federal property, like airports, national parks, and public housing.
- Additionally, landlords and employers may still impose their own restrictions.
Violating these laws can result in fines, citations, or criminal charges under California marijuana possession laws.
Medical marijuana continues to be regulated under separate provisions, allowing qualified patients broader access. That said, recreational use of marijuana is now widely accepted under Prop 64 guidelines, with local ordinances in San Diego allowing dispensaries and commercial sales with proper licensing.
Can You Get a DUI for Marijuana in San Diego?
Under Vehicle Code § 23152(f), it is a criminal offense to drive while under the influence of any drug, including marijuana. Unlike alcohol DUIs, there is no fixed THC threshold that defines impairment. That makes marijuana DUI cases more complex and more reliant on law enforcement observations and interpretation.
To secure a conviction for a marijuana DUI in San Diego, prosecutors rely on a combination of evidence, including:
- Driving behavior, such as swerving or traffic violations
- Field sobriety test results, like balance, coordination, and focus
- Statements or admissions about recent marijuana use
- Blood test results showing the presence of THC
- Drug Recognition Expert (DRE) evaluations, conducted by trained officers to identify drug-related impairment
Even if you are legally allowed to use marijuana, driving while impaired still puts you at risk for a DUI arrest. And unlike an alcohol-related DUI, where .08% BAC is the benchmark, marijuana DUI charges depend largely on subjective observations, which can lead to arrests even in borderline or questionable cases.
How Do Police Test for Marijuana DUI in California?
Since there is no roadside device like a breathalyzer that accurately detects marijuana intoxication, police must rely on a combination of tools and evaluations. Typically, an officer will start with a traffic stop based on poor driving. If marijuana use is suspected, they may call a Drug Recognition Expert to assist. Law enforcement may then:
- Perform field sobriety tests to observe your physical and cognitive state
- Conduct a DRE evaluation, which includes checking your eyes, pulse, muscle tone, and pupil size
- Request a blood test to confirm THC levels
The challenge is that THC can remain in your system long after its effects wear off, sometimes for days. This can complicate DUI cases in San Diego, as a blood test may not accurately reflect whether you were impaired at the time of driving.
What Happens If You’re Charged with a Marijuana DUI?
Being charged with a marijuana DUI in San Diego can impact every part of your life—from your license and job to your criminal record. You’ll face two major processes: one with the DMV, and another in criminal court.
DMV Hearings in San Diego
After a DUI arrest, you have just 10 days to request a hearing with the DMV to prevent automatic suspension of your driver’s license. Failing to do so means your license will be suspended by default, even if you’re later found not guilty in court.
Criminal Court Cases in San Diego
In court, marijuana DUI charges can be filed as misdemeanors or, in serious cases involving injury or repeat offenses, felonies. Potential penalties include:
- Expensive fines and fees
- Three to five years of probation
- Court-ordered DUI education or drug treatment programs
- Driver’s license suspension
- Community service
- Jail time
Learning more about marijuana DUI charges in San Diego can help you understand the legal process ahead.
Marijuana DUI Laws for Drivers Under 21
California has a zero-tolerance policy for marijuana use and driving if you’re under the age of 21. That means any detectable amount of THC in your system could lead to a DUI charge under California law. The law does not require proof of impairment—just proof of marijuana in your system while operating a vehicle.
The potential penalties for an underage DUI in San Diego include license suspension, fines, mandatory DUI classes, and a criminal record. These charges can also impact scholarships, student housing, and future employment. Young drivers in San Diego should be especially cautious, as a marijuana DUI conviction can have lasting consequences.
Marijuana DUI: What You Need to Know, According to a San Diego Criminal Defense Lawyer
In the video above, criminal defense attorney Samantha Greene of Sevens Legal shares practical insights into how marijuana DUI cases are approached in San Diego. She discusses how Prop 64 changed marijuana possession laws, but emphasizes that driving under the influence remains strictly illegal under California law. The video touches on common marijuana DUI misconceptions, how officers detect impairment, and what legal use does—and doesn’t—protect you from.
Samantha’s interview is relevant for anyone wondering how cannabis laws apply to drivers in San Diego. Understanding your rights and how enforcement works is the first step. If you’ve been arrested or accused of a marijuana DUI in California, having a knowledgeable San Diego marijuana lawyer on your side can make all the difference.
Free San Diego Marijuana DUI Consultation
At Sevens Legal, we offer free consultations to assess your case, protect your driving privileges, and explain your legal options. Whether you’re facing a first offense or a repeat charge, we will fight to reduce or dismiss the penalties. Call us today to speak with an experienced criminal defense lawyer who understands the nuances of California DUI and marijuana law.
How to Contact Our Criminal Defense Attorneys
Call Sevens Legal now at (619) 430-2355 to schedule your free consultation. Our experienced San Diego drug lawyers are available 24/7 and ready to help. Let us protect your rights, your license, and your record.
FAQs About Can You Get a Marijuana DUI in San Diego? What Prop 64 Means Today
Is driving high a DUI in San Diego?
Yes. In San Diego, driving under the influence of marijuana is treated the same as driving under the influence of alcohol. If law enforcement determines that THC has impaired your ability to safely operate a motor vehicle, you can be charged with DUI. Penalties may include license suspension, fines, DUI education programs, probation, or even jail. The fact that marijuana is legal does not protect you from DUI charges if you’re impaired.
What is the legal THC limit for driving in California?
There is currently no officially established THC limit for drivers in California. Instead, prosecutors rely on a combination of blood test results, officer observations, and drug recognition expert (DRE) evaluations to prove impairment. This makes marijuana DUI cases highly subjective and fact-specific, which is why legal representation is essential.
Can you get a marijuana DUI in San Diego with a medical card?
Yes, you can be arrested for a marijuana DUI even if you have a valid medical marijuana card. California law does not exempt medical users from DUI statutes. If a police officer believes your driving ability is impaired due to THC, regardless of your medical status, you may face the same legal consequences as any other impaired driver.
How do police determine if you’re high behind the wheel?
Police rely on several methods to assess marijuana impairment during a traffic stop. These include field sobriety tests, questioning, physical observations (like red eyes, slow speech, or the smell of marijuana), and, if necessary, a Drug Recognition Expert (DRE) evaluation. A blood test may also be ordered to check for THC, although results may not definitively prove impairment at the time of driving.
What are the penalties for marijuana DUI in San Diego?
Penalties for a first-time marijuana DUI conviction in San Diego can include a six-month license suspension, up to $1,000 in fines, DUI school, and three to five years of probation. First-time offenders often face misdemeanor charges, but aggravating factors like prior offenses, injury, or refusing a test can elevate the penalties, including potential jail time.
How long should you wait to drive after smoking marijuana?
While no exact wait time guarantees sobriety, experts recommend waiting at least 4–6 hours after smoking marijuana and up to 8–12 hours after consuming edibles before driving. Effects can vary depending on your tolerance, body chemistry, and the potency of the marijuana. If you feel “high” in any way, it’s best not to drive at all, as lingering impairment could result in a DUI.
Disclaimer: The information provided in this blog is for informational purposes only and does not constitute legal advice. Every legal situation is unique, and the laws referenced may not apply to your specific circumstances. You should not act or rely on any information in this article without first consulting a qualified criminal defense attorney. To receive legal guidance tailored to your case, contact Sevens Legal for a confidential consultation.