Opponents of Proposition 64 have raised the concern of whether the legalization of marijuana will effect the number of people driving under the influence in the state.
Voters approved legalizing recreational marijuana with 56 percent of the vote in Tuesday's election. In addition to legalizing the use of pot and allowing anyone over the age of 21 to grow up to six plants at home, Prop 64 is expected to generate revenue for California with new taxes on its cultivation and sales.
It also reduces many of the criminal penalties for pot-related crimes.
But some worry that Prop. 64 might lead to more fatal crashes related to DUIs.
According to a study done by the AAA Foundation, the number of fatal crashes increased in the state of Washington after recreational marijuana was legalized. The study also outlined that legal limits for driving under the influence of pot are "unsupported by science."
Melissa Bobrow, a Criminal Defense Attorney in San Diego told NBC 7 that now, the question is how do law enforcement officers detect drivers who are under the influence of pot and what it means to be over the limit.
"I think it's going to be really difficult for a really long time to figure out what it means to be too high to drive, what it means for people with different heights or weights or tolerances to actually be too stoned to be behind the vehicle at all. And where we're going to start setting the amount," Bobrow said. "In other words, they test the nano grams of THC in your system, what amount is going to be the .08 equivalent of alcohol."
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Bobrow added that until science catches up, law enforcement will have to rely on a variety of sobriety tests, including walking in a straight line to standing on one leg.
But Prop. 64 could change an officer's ability to perform a vehicle search.
"It used to be that the smell of marijuana could give a police officer probable cause to search, maybe get a warrant if you didn't consent," Bobrow said. "If there's no crime because marijuana is no longer illegal, they can't get probable cause."
NBC 7 also reached out to local law enforcement agencies on Friday.
The San Diego Police Department said that regardless of marijuana now being legal, it is still against the law to drive while impaired.
Bobrow also stated that if a driver is caught driving under the influence of pot, the charges will remain the same.
The California Highway Patrol also released the following statement:
"We will continue our mission to protect public safety on California's highways, streets and roads and allocate any additional funding from Prop. 64 toward more enforcement training, consistent with the new law."
