By Paul Davenport | The Associated Press
An appeals court has issued a ruling that upholds the right of authorities to prosecute pot smokers in Arizona for driving under the influence even when there is no evidence that they are actually high.
The ruling by the Court of Appeals focuses on the chemical compounds in marijuana that show up in blood and urine tests after people smoke pot. One chemical compound causes drivers to be impaired; another is a chemical that stays in people’s systems for weeks after they’ve smoked marijuana but doesn’t affect impairment.
The court ruled that both compounds apply to Arizona law, meaning a driver doesn’t have to actually be impaired to get prosecuted for DUI. As long as there is evidence of marijuana in their system, they can get a DUI, the court said.
The ruling overturns a decision by a lower court judge who said it didn’t make sense to prosecute a person with no evidence they’re under the influence.
If you’d like to discuss medical marijuana, contact Ryan Hurley, director of the Rose Law Group Medical Marijuana Dept., rhurley@roselawgroup.com
