The Mercury News

Smoking pot in a car will soon be illegal starting January 1st

- Gary Richards Columnist Contact Gary Richards at grichards@bayareanew­sgroup.com

Q Could you please enlighten us as to the laws regarding using marijuana in a vehicle? Things are tough enough on the roads now without drivers smoking weed or inhaling it from other users in an enclosed vehicle. Please tell us that it is illegal! — Don Purkey, Monte Sereno A It soon will be, thank goodness. But first …

Q I am a cyclist and hardly a day goes by when I do not smell the pungent odor of marijuana wafting out of an open car window. This is especially disturbing while I am riding my bike and protected only by a thin polystyren­e shell that’s supposed to make me feel safe.

What are the regulation­s for driving and smoking marijuana in a vehicle? — Nathan Greig, Belmont A As of Jan. 1, it will be illegal to smoke pot when driving or riding in a vehicle in California. The penalties will be similar to driving drunk as the state tries to rein in a growing concern on our roads.

DUI marijuana or “stoned driving” remains a crime even though California voters have passed Prop. 64, which legalized the use of recreation­al marijuana.

It is already illegal to drive while intoxicate­d with marijuana and to have an open bag of cannabis in a motor vehicle. The new law goes further by banning smoking marijuana or consuming cannabis edibles while driving or riding in a vehicle.

According to the National Highway Traffic Safety Administra­tion, from 2007 to 2014 the number of nighttime weekend drivers in the U.S. with marijuana in their system increased nearly 50 percent. Q I drink nothing but non-alcoholic beer (Clausthale­r, of course). I was told that I could be charged with a DUI if I had an accident. The beer has one-half of 1 percent alcohol which means my blood alcohol would probably be less than .01 but I would have alcohol in my system.

Could I be charged? — Dave H. A Yes. This is far below the 0.08 limit for drunk driving, but if your driving is erratic, a cop could ticket you for what is called “buzzed driving.” Q Please remember the horrific crash on Interstate 80 where four people were killed by a drunk driver. We are beginning the holiday season with office parties, home drop-in visits, all motivated by camaraderi­e and joy. Sadly, two families will not be among the holiday celebrants.

Take care, slow down and refuse that second drink, if you plan to drive. — Wilma Pallette, Santa Clara A And remember the tragedy on the Bay Bridge where a suspected drunk driver smashed into a toll booth, killing the toll taker.

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