New CA marijuana law - Infracion - while on DUI probation

Asked almost 4 years ago - Santa Cruz, CA


I understand that California law has changed to where posession of marijuana is no longer a misdemeanor, but rather an Infraction only punishable by a -$100.00 fine and with no criminal record.

I am on a DUI probation from a couple of years ago which has a clauses that reads "obey all laws". I understand that this does not include infractions such as traffic tickets, etc. So my question is, being that posession of less than one ounce of marijuana is a non-criminal infraction, would receiving one of these infractions trigger a probation of my violation terms?

I'm not trying to get in any more legal trouble :). But it would be nice to have this cleared up.

Thanks a lot!

Attorney answers (3)

  1. Troy Austin Pickard

    Contributor Level 17

    Answered . It could affect your probation, especially because a DUI probation probably involves restrictions against drugs and alcohol. Check your probation terms.

  2. Jason Chase Beahm


    Contributor Level 15

    Answered . Hello there,

    Excellent question. This is the first time I've heard it asked since the new law went into effect. I will say that I think it is incorrect to say that the punishment is $100 fine an no criminal record. An infraction is still criminal, it's just the lowest form of criminal violation that exists.

    That said, I highly doubt that an infraction for marijuana possession is going to have an adverse impact on your DUI.

    As far as getting this cleared up, my advice is to make a motion to terminate your probation and then make a motion for expungement. This is something my office handles. Feel free to contact me if you have any questions.

    Best wishes,

    Jason Beahm
    Beahm Law
    Expungement & Traffic

  3. Robert Laurens Driessen

    Contributor Level 20

    Answered . Clearly the best thing for you to do is avoid getting a marijuana citation. However if you should get one while you are on probation for a DUI it likely would not be a probation violation but no one can guarantee that as this is new territory for everyone.
    Robert Driessen

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