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Laws on smoking while driving for Prop 215 patients
- Thread starter Cannabean
- Start date
Bean Cracker
Member
I'm not in Cali so I can't say for certain, however there are a few practical points to consider. Driving while smoking makes you a candidate for DUI/DWI regardless of being a prop 215 patient. Smoking and driving will be considered no different than drinking and driving, most states have a drugged driving statute. Lot's of people smoke and drive, but that doesn't make it right. That's being selfish regardless of your reasoning. I feel bad that you can't make the trip without medicating, but there's an issue of public safety to consider. I'm all for medical pot and feel that the herb should be legalized outright, but driving while under the influence she be penalized no different than being intoxicated from alcohol, opiates or any other substance. It just gives the other side more ammunition to shoot off when wanting to enact anti-pot statutes. You're just asking for problems or inconveniece if you get caught smoking or have roaches/paraphernalia laying around with plants and growing gear.
Good luck and drive safely!
Good luck and drive safely!
LoveIsAll
Member
you truly believe that someone driving on the road who is under the influence of marijuana is just as much of a safety risk than someone who is under the influence of alcohol? this makes me wonder if you have ever really smoked cannabis. i noticed that you couldnt even manage to word this sentence properly, perhaps you were too intoxicated from the cannabis...at least you werent out on the road driving!
LoveIsAll
Member
cannabean - i am also a prop 215 patient, but fortunately have not been stopped in such a situation. smoking/vaporizing while driving is a frequent occurrence, but for such a long trip...and all those supplies....
you would be taking a pretty unnecessary legal risk by blazing WHILE driving. if you want to play it safe (which i would recommend for what youre doing) you can go and park in a safe location to medicate. as far as i know, if your keys are not in the ignition it is perfectly legal to medicate inside your vehicle. in a worst case scenario the cop would then have to prove that you had intent to operate the vehicle immediately afterward. good luck and be safe!
PS - i hope you enjoy the hell out of that beautiful drive!
you would be taking a pretty unnecessary legal risk by blazing WHILE driving. if you want to play it safe (which i would recommend for what youre doing) you can go and park in a safe location to medicate. as far as i know, if your keys are not in the ignition it is perfectly legal to medicate inside your vehicle. in a worst case scenario the cop would then have to prove that you had intent to operate the vehicle immediately afterward. good luck and be safe!
PS - i hope you enjoy the hell out of that beautiful drive!
Bean Cracker
Member
LoveIsAll: Excuse me for not proofing my reply, but you got my point. Do I think marijuana is the same as alcohol?, no. Do I think that a person who is impaired is just as much of a safety risk, absolutely...if you're impaired, it doesn't matter what the substance is, you shouldn't be driving. If you're getting high, I don't want you driving on the same road as me or my loved ones, regardless of your substance of choice, period.
I think you've got a problem and like to attack those that have a difference of opinion. I've smoked a hell of a lot more than I ever drank, and I'll tell you what, I stand by my opinion. I don't think that just because a person had a puff or two makes them impaired, just like a person that has a beer or a glass of wine. However, beyond that and being buzzed is no longer being sober.
The OP talked about having "mad roaches" in his car, which to me seems like its common behavior to smoke and drive. Medicate by all means, but does it have to be done behind the wheel of a car? I don't think so.
I think you've got a problem and like to attack those that have a difference of opinion. I've smoked a hell of a lot more than I ever drank, and I'll tell you what, I stand by my opinion. I don't think that just because a person had a puff or two makes them impaired, just like a person that has a beer or a glass of wine. However, beyond that and being buzzed is no longer being sober.
The OP talked about having "mad roaches" in his car, which to me seems like its common behavior to smoke and drive. Medicate by all means, but does it have to be done behind the wheel of a car? I don't think so.
GilligansIsle
Member
420 states:
11362.79. Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of the following circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.
(c) On a school bus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.
and if asked my opinion, it would be if stopped say that the last time you medicated was between 3 and 4 hours ago. This is only my opinion and your mileage may vary.
11362.79. Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of the following circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.
(c) On a school bus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.
and if asked my opinion, it would be if stopped say that the last time you medicated was between 3 and 4 hours ago. This is only my opinion and your mileage may vary.
I say the less paraphanelia on you when stopped, the better. Get rid of the bubbler and the half smoked articles of MaryJ. Make sure anything you smoke, you smoke the whole thing. That was, if stopped, you can always say "I haven't smoked YET" and any smell in your car might be from those articles that which have not yet been smoked.
Give them as little hard evidence as possible and try to avoid admittedly smoking while driving.
Worse case, your eyes are red, say you had to stop by side of road to medicate and be prepared for a field sobriety test.
I've never had my wheels yanked for smoking, but they got my buddy at 420am on 4/20/2008 and put syringes in both his arms at the hospital, made him make bail... but ultimately case was dropped.
Give them as little hard evidence as possible and try to avoid admittedly smoking while driving.
Worse case, your eyes are red, say you had to stop by side of road to medicate and be prepared for a field sobriety test.
I've never had my wheels yanked for smoking, but they got my buddy at 420am on 4/20/2008 and put syringes in both his arms at the hospital, made him make bail... but ultimately case was dropped.
Cannabean
Active member
Thanks to everyone for their responses. I think, for this trip at least, Ill be smoking only while stopped...though I must say I feel sketchier smoking in the parkling lot of a gas station or convenience store than I do while on the road.
So the law is quite clear but are there any prop215 patients who have gotten in a similar situation?
So the law is quite clear but are there any prop215 patients who have gotten in a similar situation?
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LoveIsAll
Member
well, theres obviously a difference in opinion here.
but i guess it comes down to the fact that every person may be affected differently by a particular substance.
The effects that marijuana happen to produce inside my body are FAR from any sort of impairment. In fact i would consider them the opposite.
it is bad enough - completely absurd that our legal and medical systems group CANNABIS together with poisonous substances such as alcohol or opiates. but to hear a cannabis user group the effects of these substances together in a similar manner really blows my mind.
but i guess it comes down to the fact that every person may be affected differently by a particular substance.
The effects that marijuana happen to produce inside my body are FAR from any sort of impairment. In fact i would consider them the opposite.
it is bad enough - completely absurd that our legal and medical systems group CANNABIS together with poisonous substances such as alcohol or opiates. but to hear a cannabis user group the effects of these substances together in a similar manner really blows my mind.
GilligansIsle
Member
Wise choice grasshopper, on this trip I know that there will be secluded enough areas just off the freeway all along the way.
I will use the same discretion I would for a roadside pee, you see at my age it is sometimes a necessity, and if they catch you at it the result could be a sex offender conviction. I usually take an off ramp and usually within a quarter mile or so you can find a spot to pop your hood get out and medicate while examining your engine with great concern, drop the roach and the hood and back on the road.
This method is well tested and it even gives you a chance to stretch our legs.
Hope this helps, and speed safely.
H
headfortrinity
It's up to the officer and the supervisors. I asked a cop about DUI with medical marijuana, and he said "I take everything into consideration".
It sounds like your taking a big risk for no reason, I've driven while toking for years never had a problem but with a load like that you might want to consider cleaning up the car and taking only one form of smokage, probably a pipe for the smell factor, that way you won't look like a rolling smokehouse. Stopping to smoke is nice too but not anywhere around a highway, you don't want someone rolling up on you and poking their head around.
Good luck bro,
This reminded me of when I was driving down to pickup some herb in central cali after replacing the exhaust manifold on my car. I didn't get the manifold tightened correctly and the gap was heating up the floorboard, the rugs started smoking bad as I'm driving down I 5 It looked like Cheech and Chong it was that bad. I was smoking before it happened and this was freakin me out, on the next exit I pulled off and went to a gas station where I put water on the floor boards and got the fire out. What a ride!
It sounds like your taking a big risk for no reason, I've driven while toking for years never had a problem but with a load like that you might want to consider cleaning up the car and taking only one form of smokage, probably a pipe for the smell factor, that way you won't look like a rolling smokehouse. Stopping to smoke is nice too but not anywhere around a highway, you don't want someone rolling up on you and poking their head around.
Good luck bro,
This reminded me of when I was driving down to pickup some herb in central cali after replacing the exhaust manifold on my car. I didn't get the manifold tightened correctly and the gap was heating up the floorboard, the rugs started smoking bad as I'm driving down I 5 It looked like Cheech and Chong it was that bad. I was smoking before it happened and this was freakin me out, on the next exit I pulled off and went to a gas station where I put water on the floor boards and got the fire out. What a ride!
LoveIsAll
Member
cannabean - ive always agreed about the whole parking lot thing being so much sketchier. but the thing is, if youre a legal med user...thats actually what you gotta do to follow the law! so the chance of being spotted in a parking lot is higher than the chance of being spotted smoking while driving. BUT if youre stopped - its legal in the parking lot and illegal if youre driving. (this is with no keys in the ignition obviously)
so i feel that even though it DOES seem sketchier,
in your particular situation it is indeed the safer way to go.
so i feel that even though it DOES seem sketchier,
in your particular situation it is indeed the safer way to go.
Been there, DONE that, they can't prove you smoked while driving. You smoked 3 or 4 hours ago. 3 hours for a small dose, 4 for a larger dose
Bean Cracker
Member
If a person is "stoned" or "high" I feel they have no business driving, regardless of if they use it medically or recreationally. If they're not impaired, then I don't see it as a big deal. You are overgeneralizing my comments. Let's just agree to disagree here because I stand by my comments, all of them. If that blows your mind, well I guess it was already gone.
OP, I wish you well on your trip and a safe return.
HighonPottery
Member
i drive from norcal to socal about 6x per year and ALWAYS smoke in the vehicle while driving any distance that i'm sitting in the car for more than 2hrs. over the years, i've thought about the legality and it's definitely illegal and could get you a DUI if you get caught. i dunno how i'd get caught since i don't really speed or drive like a freakin' moron while stoned, but that danky cloud of goodness that comes out my windows can definitely be smelled behind me (i've had cars of people come up behind me, then pull up side while they pass me with their thumbs up and doing the fake "joint hit"). but with that known, i still do it and will continue to smoke while on road trips whether its in CA or not.
i do, however, no longer carry pipes or other paraphernalia with me while driving - they always reek and smell up the vehicle. i have since started smoking only joints or blunts which can be consumed in their entirety or eaten should the need arise. I've actually had to eat half a joint ONCE - i was driving up to the Rubicon on IceHouse Rd. and just finished smoking half a joint when all of a sudden a cop mobs out from some bushes and gets right on my ass as if he's gonna pull me over. somehow i didn't get pulled over, bud damn i was paranoid, esp. since i just smoked half that j to the face! Since then, I only keep ONE joint within arms reach and everything else gets buried in my cargo inside of a smell proof bag or locked in my toolbox. also, keeping roaches around is a bad idea too - toss 'em; but not out the window like all those f*cks who toss lit cigarette butts out their windows.
and yes you CAN get a DUI for being high while driving.
i do, however, no longer carry pipes or other paraphernalia with me while driving - they always reek and smell up the vehicle. i have since started smoking only joints or blunts which can be consumed in their entirety or eaten should the need arise. I've actually had to eat half a joint ONCE - i was driving up to the Rubicon on IceHouse Rd. and just finished smoking half a joint when all of a sudden a cop mobs out from some bushes and gets right on my ass as if he's gonna pull me over. somehow i didn't get pulled over, bud damn i was paranoid, esp. since i just smoked half that j to the face! Since then, I only keep ONE joint within arms reach and everything else gets buried in my cargo inside of a smell proof bag or locked in my toolbox. also, keeping roaches around is a bad idea too - toss 'em; but not out the window like all those f*cks who toss lit cigarette butts out their windows.
and yes you CAN get a DUI for being high while driving.
