By Howard Fischer | Capitol Media Services via Arizona Daily Sun
Medical marijuana users cannot be convicted of driving while under the influence of the drug absent proof that they were actually impaired, the state Court of Appeals ruled Thursday.
In a major setback for prosecutors, the judges pointed out that Arizona, unlike some other states, has no law, which spells out that at a certain level of tetrahydrocannabinol — the psychoactive ingredient in marijuana — in the blood, a person is presumed to be impaired.
“And, according to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,” appellate Judge Diane Johnsen wrote.
