I was having lunch with some business associates this week and I ran into a friend of mine who's a CHP officer. He said, "I bet you're really excited for marijuana to be legalized this week! You're going to be very busy..."
Then he shared some insight with me...
Law enforcement has been preparing for legalized marijuana for months. Their officers have been trained how to detect if people are under the influence of marijuana. Marijuana will be treated just like any other intoxicant. You shouldn't be driving after you smoke anymore than you should be driving after taking pain medication or muscle relaxers.
The biggest fear in the criminal justice system about marijuana legalization is that people will make bad decisions when they are high. Law enforcement in California will be on high alert in the months following this historic election. They will be watching our roads with a careful eye to ensure that they are safe from people who may not understand how marijuana can affect their ability to safely operate a motor vehicle.
Finally, we discussed science. There is not an exact measurement of marijuana that makes every single driver impaired. Unlike alcohol, where we have a .08% blood alcohol limit, the determination of whether you are under the influence of marijuana while driving is going to be up to an officer who is willing to testify against you in court. Stanford University is working on a device that might change how we measure marijuana impairment, but until then, it's going to be a battle in front of a jury.So what does this all mean for you? Be careful. I don't want to see you or a loved one involved in a landmark case that keeps us lawyers very busy at your expense. Be very cautious about the decisions you make before you get behind the wheel of a car. It's going to be an interesting time to be a criminal defense attorney...
Very truly yours,
Doug Ridley
