Is it illegal to smoke marijuana in a car while parked if you have a medical license?

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Is it illegal to smoke marijuana in a car while parked if you have a medical license?

Asked on February 9, 2014 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you are asking about whether you can sit in the car while high without being charged with a DUI. The answer is no. Most Driving Under the Influence laws state that you must be in control of the car. If you are in the car - - you are in control of it. You might be able to argue out of the charge if you did not have the keys to the vehicle.

For instance. A highway patrol officer found a parked car, about 20 yards off the roadway, with the driver asleep in the back seat. The man was drunk. He was arrested and charged with a DUI. He argued in court that the car was parked, it was not running, and that he was asleep in the back seat. The State argued that he had the keys in his pocket and could have awakened and drove off at anytime, while still intoxicated - he was in control of the car. He was convicted.


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