California's "Possess a Joint, Lose your License" Law Sunsets

(from Summer 1999 Marijuana Policy Report)

July 1 marked the expiration of a California law that had mandated a six-month driver's license suspension for anyone convicted of any marijuana or drug offense, even if it did not occur in the proximity of a vehicle.

The law was originally enacted in 1994 and renewed several times, all during the administration of Republican Governor Pete Wilson. Fortunately, the law was allowed to sunset without renewal under the current administration of Democratic Governor Gray Davis.

Under federal law, a state will lose a certain percentage of its federal highway funds unless the state legislature and the governor either (1) enact and enforce a law requiring at least a six-month driver's license suspension for people convicted of any illegal drug offense, or (2) pass an "opt out" resolution that specifically expresses their opposition to the law.

This federal mandate was an attempt by prohibitionist members of Congress to increase the penalties for marijuana in states that otherwise have tolerant policies.

California joins 20 other states that have opted out of the federal law and therefore do not have "possess a joint, lose your license" laws on their books.

Eighteen states — plus the District of Columbia and Puerto Rico — continue to comply with the federal law by suspending the driver's licenses of all illegal drug offenders. Finally, there are 11 states that have formally opted out of the federal law but have chosen to enact license-suspension laws anyway.

View the state-by-state map for details