Yes. Cannabis being legal to buy and use in California does not make it legal to drive while impaired by it. You can absolutely be charged with a DUI for driving high, the same way legal alcohol still leads to alcohol DUIs.
The charge falls under the same DUI statute, Vehicle Code 23152, which covers driving under the influence of any drug, not just alcohol. The penalties mirror an alcohol DUI: fines, county jail exposure, a license suspension, DUI school, and probation, with more on each repeat offense.
Here's the catch that trips people up. Legality doesn't create a safe harbor, and there's no clear line for how much is too much. California has no set THC limit like the 0.08% for alcohol, so the state proves impairment through the officer's observations, a drug recognition evaluation, and a blood test.
That's also where the defense often lives. THC can stay in your blood for days or weeks after use, so a positive test doesn't prove you were impaired while driving. A regular, legal user can be completely sober and still test positive. Showing that gap between presence and actual impairment is a common and effective line of defense.
Read more on the marijuana DUI page and the drug DUI page.
This is general information, not legal advice, and every case is different. For a free consultation, call (858) 622-7280 or visit /contact.