Pulled Over After Leaving a Dispensary in San Diego? Here’s What Law Enforcement Looks For
San Diego is home to dozens of licensed cannabis dispensaries, from Mission Valley to La Mesa to Oceanside. But while marijuana is legal in California, driving under its influence is not. Increasingly, law enforcement in San Diego monitors the areas around dispensaries and many drivers find themselves pulled over shortly after exiting a shop.
If you’ve been stopped or arrested for suspected DUI after leaving a dispensary, here’s what you need to know about what officers are looking for, how they build a case, and how to protect your rights.
Legal vs. Illegal: Can You Drive After Visiting a Dispensary?
Yes, you can drive after visiting a dispensary. But no, you cannot legally drive if you’re under the influence of cannabis to a degree that impairs your ability to operate a vehicle safely.
The problem is that “Under the influence” of marijuana is a vague legal standard, and San Diego law enforcement relies heavily on observation, assumptions, and often questionable testing methods.
Where Are Police Monitoring Dispensary Traffic?
While San Diego PD doesn’t officially publish “hot zones,” drivers are more likely to be stopped after leaving dispensaries in areas such as:
- Sports Arena Blvd / Midway District
- El Cajon Blvd near North Park / La Mesa
- Convoy Street / Kearny Mesa
- Otay Mesa near the border
- Vista / Oceanside cannabis corridors
Expect heavier enforcement during weekends, 4/20, or holiday weekends, when patrol units often increase in high-traffic dispensary zones.
Why Police Pull Over Drivers Leaving Dispensaries
In most cases, officers don’t stop you just because you left a dispensary. Instead, they look for a reason to initiate a traffic stop, often a minor infraction, before investigating for impairment.
Common reasons for traffic stops include:
- Failure to signal or rolling through a stop sign
- Slight lane drifting or uneven speed
- Expired tags or broken tail lights
- Obstructed view (e.g., something hanging from the rearview mirror)
Once pulled over, officers may ask if you’ve recently been to a dispensary, especially if they see a labeled bag or smell cannabis.
Signs of Cannabis Impairment Officers Look For
Unlike alcohol, there’s no clear legal threshold like 0.08% BAC for marijuana. Instead, DUI enforcement relies on subjective observation. Officers are trained to look for:
- Red or bloodshot eyes
- Dilated pupils
- Slow speech or delayed responses
- Odor of cannabis in the car
- Presence of cannabis packaging, open containers, or paraphernalia
- Erratic or inconsistent behavior
Can Police Test for Marijuana DUI in San Diego?
There is no accurate roadside test for marijuana intoxication like a breathalyzer for alcohol.
Instead, if arrested, you’ll likely be asked to submit to a blood test. These tests detect THC levels, but that’s where it gets tricky:
- THC can remain in your system for days or even weeks after use
- A positive test doesn’t mean you were impaired at the time of driving
- Prosecutors often struggle to prove impairment beyond a reasonable doubt
This ambiguity creates strong opportunities for a skilled DUI attorney to challenge the case.
Arrested for Marijuana DUI in San Diego? Here’s What to Expect
A cannabis DUI is charged the same as an alcohol DUI under California Vehicle Code §23152(f). Penalties for a first offense can include:
- License suspension
- Fines over $2,000
- Up to 6 months in jail
- Mandatory DUI classes
- Increased insurance rates
Get Help from a San Diego DUI Lawyer
If you were pulled over after visiting a dispensary and now face DUI charges, time is critical. You only have 10 days to request a DMV hearing and fight for your license.
California DUI Lawyers Association Specialist, Rick Mueller, is San Diego’s go-to DUI lawyer with extensive experience in marijuana-related DUI defense. He understands the science, the field tests, and how to beat flimsy impairment claims.
Request a free consultation today to begin building your defense.
Pulled Over After Leaving a Dispensary in San Diego? Here’s What Law Enforcement Looks For