By: Howard Fischer | Capitol Media Services/Arizona Capitol Times
Arizonans who smoke marijuana can’t be charged with driving while impaired absent actual evidence they are affected by the drug, the Arizona Supreme Court ruled this morning.
The justices rejected arguments by the Maricopa County Attorney’s Office that a motorist whose blood contains the slight amount of a metabolite of marijuana, can be presumed to be driving while impaired and therefore driving illegally. They said the medical evidence shows that’s not to be the case.
Today’s ruling most immediately affects the more than 40,000 Arizonans who are legal medical marijuana users. It means they will not be effectively banned from driving, giving how long the metabolite, Carboxy-THC, remains in the blood. It also provides protection against impaired driving charges for anyone else who drives and has used marijuana in the last 30 days, including those who might be visiting from Washington or Colorado, where recreational use of the drug is legal.
Statement by Chairman of Rose Law Group Medical Marijuana Department, Ryan Hurley: It is encouraging the Supreme Court has explicitly recognized the rights of medical marijuana patients to not be prosecuted for DUI simply because they use their medication. The court rightfully recognizes there must be some evidence of actual impairment to convict a patient of DUI.
To further discuss medical marijuana in any aspect, Ryan Hurley can be reached at rhurley@roselawgroup.com
