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San Jose marijuana DUI defense lawyer, recreational marijuana, drugged driving, THC breath testing device, DUI trialThe legalization of both medicinal and recreational marijuana has been growing immensely in recent years. As of 2018, nine states and the District of Columbia has legalized recreational marijuana, and 30 states — including D.C. -— have legalized medicinal marijuana. One of the concerns that lawmakers and police have had about this widespread legalization is the potential increase for those who are under the influence of marijuana to be out driving.

Marijuana Impairment Test Functions Like A Breathalyzer

Hound Labs Inc., which is based out of Oakland, claims that they have created the world’s first reliable breath testing device that can detect THC, which is the psychoactive and intoxicating ingredient in marijuana. The company states that THC is only detectable in a person’s breath during a window of time when impairment is at its peak — about one or two hours after a person has ingested marijuana. The company also said that their research showed that the level of THC in a person’s breath dropped to zero after about three hours.

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DUI arrest, San Jose marijuana DUI attorney, DUI charges, legal marijuana, recreational marijuana As of the beginning of 2018, the sale and use of marijuana for recreational purposes is legal in the state of California. While many people are celebrating this change in the law and the freedoms it provides, they should be aware that marijuana is now treated much the same as alcohol, and driving while intoxicated by the drug can lead to a DUI arrest.

California’s Marijuana DUI Laws

California law states that it is unlawful to drive a vehicle while under the influence of drugs or alcohol. It is also illegal to have an open container of alcohol or marijuana in a vehicle while driving.

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San Jose drug charges attorney, marijuana legalization, drug charges, marijuana DUI, recreational marijuanaAs of January 1, 2018, the sale of marijuana for recreational use will be legal in the state of California. While this represents a major change in state laws, there are still situations in which the possession or use of marijuana can lead to criminal charges. Users of recreational marijuana should be aware of how the law affects them and how they can avoid marijuana-related drug charges.

Marijuana Possession and Sale

Under California law, a person over the age of 21 can possess up to 28.5 grams (about one ounce) of marijuana, or up to eight grams of concentrated cannabis. It is also legal to grow up to six marijuana plants in one’s home, as long as they are kept in a locked area. Starting January 1, 2018, licensed businesses will be able to sell marijuana, as long as it is allowed in the county or city where they are located.

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