Toke About Overkill...
In its war against marijuana, the California Legislature enacted three separate laws relating to possessing marijuana and driving.
The first is the catchall -- Health and Safety Code 11357 HS which prohibits possessing an ounce or less of marijuana for personal use. If convicted of this offense, you face a maximum $100 fine or a court-ordered drug rehab program.
The second…which seems redundant given the first…is Vehicle Code 23222(b) VC which prohibits driving with an ounce or less of marijuana. If convicted of California Vehicle Code 23222(b), driving with an ounce or less of marijuana, you face the exact same penalties as those stated above. It’s not quite clear why this law exists, given the fact that (1) possessing marijuana is a crime in and of itself, regardless of location, and (2) both offenses subject you to identical punishment.
And then there’s the third offense, driving under the influence of marijuana. This is the most serious of the three and is prosecuted under VC 23152(a), California’s DUI law. While the first two don’t apply to medical marijuana users or caregivers, no one is exempt from prosecution under this section.
