By Howard Fischer | Capitol Media Services | Arizona Daily Sun
A prosecutor argued Tuesday there’s nothing wrong with charging a motorist who smoked marijuana up to a month ago with driving while drugged.
In arguments to the Arizona Supreme Court, Susan Luder acknowledged that Carboxy-THC, a secondary metabolite of marijuana, can show up in blood tests for a month after someone has used the drug. And she did not dispute the concession of her own expert witness that the presence of that metabolite does not indicate someone is impaired.
But Luder, a deputy Maricopa County attorney, told the justices the Legislature is legally entitled to declare that a positive blood test for Carboxy-THC can be used to prosecute someone who, if convicted, can lose a driver’s license for a year.
That contention drew questions from Chief Justice Rebecca Berch who wondered how far that logic can be stretched. She asked Luder whether her argument falls apart if it turns out that Carboxy-THC can be measured a year from someone smoking the drug — or even five years.
Luder said she understands arguments about why it may not be fair to charge someone with drugged driving potentially 30 days after they used marijuana.
