Can a Medical Marijuana Defense be Lodged Against a DUI Charge

With many in California getting a doctor's recommendation to smoke marijuana comes the frequent question of whether a prescription for pot use can be a defense to a DUI? The short answer to this question is no. California law proscribes a person from driving under the influence of alcohol or drugs. Just as a person cannot go into Court and claim that they purchased alcohol legally or purchased pain killers legally, they cannot say that they can drive while under the influence of pot just because they had a prescription, period!

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