By Howard Fischer | Capitol Media Services/Arizona Capitol Times
A medical marijuana card is not a get-out-of-jail-free card for motorists found with active components of the drug in their system, no matter how little, the state Court of Appeals ruled Tuesday.
The judges rejected arguments by the attorney for Travis Darrah that the positive drug test, by itself, cannot be used to convict him of driving under the influence of drugs. The judges said prosecutors need not prove actual impairment.
Tuesday’s ruling is unlikely to be the last word. Attorney John Tatz said he may seek Supreme Court review, saying the decision is in direct contradiction to the 2010 voter-approved Arizona Medical Marijuana Act (AMMA).
“Although the AMMA certainly does not protect a patient who is driving while impaired, it does protect a patient from being convicted simply by having marijuana in his system, said Ryan Hurley. “Thus the state should have the burden to present evidence of impairment in order to convict an MMJ patient of DUI. I think it is quite possible that this case or one like it will be reviewed by the Supreme Court in the near future.
If you’d like to discuss marijuana issues, contact Ryan Hurley, director of the Rose Law Group Medical Marijuana Department rhurley@roselawgroup.com
