Lawmakers look to make marijuana use while driving illegal

When voters decriminalized recreational marijuana use Nov. 8, they also made it illegal to have an open container of pot in a vehicle.

But ambiguity in the law may still allow for people to light up while driving, and two state lawmakers are looking to close that loophole.

Sen. Jerry Hill, D-San Mateo, and Evan Low, D-Campbell, introduced legislation that would prohibit smoking or ingesting marijuana while driving, making it either an infraction or misdemeanor, depending on the circumstances. 

As with alcohol, driving under the influence of marijuana is already illegal. But unlike alcohol, there’s no threshold for legal impairment and no adequate roadside test. Determining a driver’s impairment is left to the judgement of law enforcement.

“This legislation makes our laws for smoking while driving consistent with drinking while driving,” Hill said in a statement. “With New Year’s Eve approaching, it’s important to remind Californians that impaired driving can be deadly.”