How Would I Be Charged with a Marijuana DUI?
After a cop who suspects you are under the influence of marijuana pulls you over, an evaluation of your inability to operate a motor vehicle safely will be determined using the totality of circumstances including bad driving and/or if there’s been an accident.
Then a Drug Recognition Evaluator is called on the scene to see if you are under the influence of marijuana. The trained DRE evaluator will look for signs such as dilated pupils, elevated blood pressure, your odor of marijuana, high pulse, dry mouth, short term memory incompetency. If the DRE decides you are under the influence of marijuana, you will be arrested, and the DRE will testify of his conclusion at your trial.
“The eyes don’t lie,” said a Fullerton police Officer Eric Franke, in a drug-recognition-expert class and the department’s drug-recognition-expert coordinator. “The eyes give us quantifiable evidence of what’s going on in the brain.”
How Will New Marijuana Prices Affect Me?
On a retail level, marijuana currently costs about $35 for decent quality medical marijuana, enough to roll four or five joints. But starting in January 2018, the same buy will increase to $55 or $70. That’s about a 70% jump.
Who Pays The New Tax Rate On Cannabis? You, the purchaser will be taxed at a rate of 15% of the average market price when purchased at retail. Store owners are responsible for collecting this tax from purchasers at the time of sale.
Will I Be Able To Refuse Employee Drug Testing For Cannabis? Am I Exempt From Any Implications From Testing Positive For Cannabis Use?
No, to both questions. Under Prop 64, employers will still test employees for Cannabis and can discriminate against their workers, even when an employee uses marijuana during nonworking hours. Also, according to California law in Gonzlaes v. Raich, supra, 545 U.S.545 1, 5(2005), medical Cannabis patients are not protected against employment discrimination.
Can A Landlord Evict Me For Smoking or Growing Pot In My Apartment?
California landlords can prohibit tenants from smoking or growing marijuana in their property, regardless of whether it’s medical or recreational marijuana…and have the authority to ban the use and possession of cannabis on their properties. Landlords can prohibit smoking the same way they can prohibit pets, waterbeds, or excessive noise and can evict smokers who violate a nonsmoking lease agreement.
Additionally, secondhand smoke is a widely recognized health hazard that can migrate from unit to unit. This is often cited as the reason for smoking bans. Other reasons landlords ban smoking in apartment units include fire hazards as well as, extra cleaning and repair costs.
Growing marijuana in your unit is a tricky legal issue. For insurance reasons, marijuana growing places high risks to the landlord, due to electrical/plumbing issues, and the possibility that the landlord’s property could be seized under federal asset forfeiture laws.
There are many gray areas surrounding this issue. Ultimately, landlords usually reign!
Federal Marijuana Laws
Marijuana possession remains a federal offense and is still considered a dangerous illegal drug with no acceptable medicinal value. Federal law punishment for people found guilty of cannabis possession can be very serious. Federal law may prosecute medical marijuana patients, even if they grow their own medicine and even if they reside in a state where medical marijuana use is protected under state law. Why? The federal government does not recognize the difference between medical and recreational use of cannabis and claims that marijuana is not medicine and has the constitutional authority to prohibit marijuana for all purposes.
Should You Care About THC?
Yes. THC is the psychoactive component in cannabis. Consuming too much THC could lead to unwanted side effects. One of the worst side effects of THC is anxiety and paranoia, with edibles causing the most exaggerated side effects. Additionally some people are genetically predisposed to experience anxiety with cannabis, as a result of brain chemistry.
Any Drug Interactions?
Marijuana has been known to: increase bleeding when taken with certain drugs like aspirin, blood thinners, ibuprofen or naproxen. Diabetics beware! Marijuana may also affect your blood sugar levels, so make sure you are monitored closely by your physician. Marijuana is also known to cause low blood pressure. You should check with your physician regarding your individual possible interactions before using or ingesting cannibus.
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Disclaimer: This article is solely informational in nature and is not intended as legal advice.
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