The quick answer to that is yes, it’s illegal to drive under the influence of marijuana. Marijuana DWI charges are, I think any prosecutor will tell you, the most difficult charges to prove up. Again, this is a thing where they have to prove the marijuana was actually affecting your ability to drive. The link between the marijuana consumption and the driving is an element of the charge. And all – whenever you’re trying to show a link between the consumption and the driving, you’re stuck trying to prove that up with circumstantial evidence, which means the officer has to basically say, “Well, I saw this and this and this and then it made me jump to the conclusion that the person was impaired.” Whenever you try to prove something up through circumstantial evidence, it means that you have to disprove all of the other reasonable hypotheses that were consistent with the defendant’s innocence.

So if they’re claiming that the person was driving under the influence of marijuana because their car was weaving down the road, basically, in order to prove that up, they have to exclude all of the other possible explanations for why the car was weaving down the road. So sending a text message, I’m tuning the radio, I’m adjusting the heat, I’m talking on the phone, I’m talking with the people in the car, I’m whatever. Basically, the state has to anticipate all of the other possible explanations ’cause they don’t get to ask you which one’s true ’cause they can’t call you to the witness stand. So anticipate every possible explanation for the driving behavior and prove that they’re not true so that the only thing left standing is, “Well, we know he was driving while impaired because his car weaved, and only an impaired person’s car would weave”, which is a rather difficult link to draw.