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

UPDATED: Feb 9, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 9, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption