DUI After Taking Legal Cannabis Products in San Diego

Posted on: August 5th, 2025 by Dod Law

Cannabis DUI in San Diego

The legalization of cannabis in California has created widespread confusion about when marijuana use becomes illegal, particularly when it comes to driving under the influence charges. Many people mistakenly believe that using legal cannabis products protects them from DUI prosecution, but California law makes no distinction between legal and illegal substances when determining impairment behind the wheel. Understanding how cannabis DUI laws work in San Diego is essential for anyone who uses legal marijuana products and wants to avoid serious criminal charges.  Learn more about getting a cannabis DUI in San Diego. 

At Dod Law, we have spent decades defending clients against DUI charges throughout San Diego County, including complex cases involving legal cannabis products. Our award-winning criminal defense team understands the scientific and legal challenges these cases present and provides the aggressive representation needed to protect your driving privileges and your freedom.

California Cannabis DUI Laws Explained

California Vehicle Code Section 23152(f) makes it illegal to drive while under the influence of any drug, including legal cannabis products, that impairs your ability to operate a vehicle safely. Unlike alcohol DUI cases, there is no specific legal limit for cannabis impairment, which means prosecutors must prove that your cannabis use actually affected your driving ability rather than simply detecting the presence of marijuana in your system.

The legal status of your cannabis use is irrelevant to DUI prosecution in San Diego. Whether you consumed marijuana through a valid medical recommendation, purchased it from a licensed dispensary, or used it in compliance with California’s recreational cannabis laws, you can still face DUI charges if law enforcement believes your driving was impaired.

Cannabis affects individuals differently than alcohol, and the detection methods used by law enforcement are less reliable for determining actual impairment. Unlike alcohol, which correlates somewhat predictably with blood alcohol concentration levels, cannabis can remain detectable in your system long after any impairment has subsided.

How Law Enforcement Detects Cannabis Impairment

San Diego law enforcement officers use various methods to detect suspected cannabis impairment during traffic stops. Drug Recognition Expert (DRE) evaluations involve specially trained officers who conduct detailed examinations looking for signs of drug impairment, including pupil reactions, coordination tests, and physical indicators that may suggest cannabis use. However, these evaluations are subjective and can be influenced by factors unrelated to impairment.

Field sobriety tests commonly used for alcohol detection may not accurately measure cannabis impairment. The standardized field sobriety tests were designed primarily for alcohol impairment detection and may not reliably indicate marijuana-related driving impairment.

Blood and urine testing can detect cannabis metabolites in your system, but these tests cannot determine when you last used marijuana or whether you were impaired while driving. THC metabolites can remain detectable for days or even weeks after cannabis use, particularly in regular users, long after any psychoactive effects have worn off.

Legal Challenges in Cannabis DUI Cases

Cannabis DUI cases present unique legal challenges that differ significantly from alcohol-related DUI prosecutions. The absence of a specific legal limit for cannabis impairment means that prosecutors must rely on circumstantial evidence and expert testimony to prove their case. This creates opportunities for your defense attorney to challenge the prosecution’s evidence and present alternative explanations for any observed behavior.

The timing of cannabis effects complicates these cases because the peak impairment from marijuana use typically occurs within the first hour after consumption, but detection methods may not accurately reflect this timeline. Your attorney can present evidence about cannabis pharmacology and how the timing of your consumption relates to your driving, potentially showing that you were not impaired while operating your vehicle.

Medical Cannabis Considerations

Medical cannabis patients face additional complexities in DUI cases because their regular use of marijuana for legitimate medical purposes can result in consistently elevated levels of cannabis metabolites in their system. Tolerance levels in regular medical cannabis users can affect how marijuana impacts their driving ability. Patients who use cannabis regularly for medical conditions may develop tolerance that allows them to function normally with levels of THC that might impair occasional users.

Building an Effective Cannabis DUI Defense

Defending against cannabis DUI charges requires a comprehensive strategy that addresses both the scientific and legal aspects of your case. Your attorney will need to examine the circumstances of your traffic stop, the methods used to detect impairment, and the reliability of any testing performed.

Many behaviors that law enforcement associates with cannabis impairment can have innocent explanations. Red or bloodshot eyes can result from allergies, fatigue, contact lens irritation, or medical conditions. The odor of marijuana on your person or in your vehicle does not necessarily indicate recent use or impairment, particularly if you are a legal cannabis user or work in the cannabis industry.

Contact Dod Law for Aggressive Cannabis DUI Defense

Cannabis DUI cases involve complex scientific and legal issues that require representation from attorneys who understand both the pharmacology of marijuana and the intricacies of DUI defense. The unique challenges presented by these cases, combined with the serious consequences of DUI convictions, make professional legal representation essential for protecting your rights and your future.

Dod Law has successfully defended numerous cannabis DUI cases throughout San Diego County, earning recognition as San Diego County’s 2023 Trial Lawyer of the Year. Our team stays current with the evolving science of cannabis impairment and works with qualified experts to challenge unreliable evidence and present compelling defenses for our clients. 

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form