How To Understand Marijuana DUI Discretionary Arrest Rules
How does a marijuana DUI arrest work without a legal THC limit? It's largely discretionary, says San Jose attorney Stuart Kirchick—officers need only probable cause of impairment. Blood may be drawn and a THC number recorded, but California sets no threshold that clears or condemns you. Prosecution turns on impairment, and mild cases can be reduced to a wet reckless.
Excerpt summaries from the video and transcripts · how we make them
Answered by Stuart Kirchick · San Jose, CA
Highlights
— why a marijuana DUI turns on officer judgment, not a number
Frequently Asked Questions
How does a marijuana DUI work without a THC limit?
It's largely discretionary—officers need only probable cause of impairment, so blood may be drawn and a THC number recorded, but California sets no threshold that clears or condemns you, and mild cases can be reduced to a wet reckless.
→ Full interview on Attorneys.Media
More DUI answers
Legal news in California
Links to outside sources. Not written or reviewed by the attorney.