it should be a secondary offense to be driving under the influence of MJ. Like a lot of laws with cell phones, if it seems to be causing issues, such as weaving, or speeding, or driving bad, which makes you stand out anyways, you get charged with another ticket for that. though it isnt often that people get pulled over for these things while smoking anyways, so they are really just looking for a way to keep people down who are trying to get what they want. think of the children.