Medical Marijuana in Arizona and DUI Law

As we method the deadline for the Arizona legislature to institute the foundations for medical marijuana within the state, many are additionally contemplating the implications on different sections of their life. Medical marijuana customers might be a actuality very quickly, and can presumably be extra widespread than we would suppose. One subject that many medical marijuana customers should not contemplating is driving in Arizona. As a result of marijuana is troublesome to isolate in exams to find out intoxication, many imagine that they may have the ability to eat marijuana and drive with out repercussions. Nothing could possibly be farther from the reality, really. Enforcement requirements within the state are as excessive as ever, and regulation enforcement officers are capable of detect, take a look at for, and arrest for marijuana consumption whereas driving.    Medical Marijuana

The important thing ingredient in marijuana, THC, is detectable for as much as thirty days with sure types of testing. At a minimal, with saliva testing it may be detected for as much as twelve hours. Which means that the state won’t be able to make use of ARS 28-1321(2) or (3) towards the medical marijuana person, for the reason that precise presence of a authorized substance is clearly outlined as not unlawful in ARS 28-1321(4)D. Nonetheless, ARS 28-1381(1) states that if a substance is current, legality however, and the particular person is legally intoxicated as noticed by the arresting officer, they’ve are nonetheless in violation.

To clear this up, permit me to current a situation. John is a authorized medical marijuana card holder who has smoked marijuana roughly ten hours in the past. He’s then concerned in a minor accident to which a police officer responds. The officer believes John is intoxicated He’s given a saliva take a look at, which returns constructive for THC. He informs the officer that he’s a medical marijuana card holder. He isn’t responsible of a DUI for causes of ARS 28-1321(2-4). The officer nonetheless requests he carry out a discipline sobriety take a look at to find out his intoxication; John fails this take a look at miserably. John continues to be going to be arrested for a DUI pursuant to the primary paragraph (ARS 28-1381(1)) of the statute, which states that since John has something in his system and is observably intoxicated he’s driving below the affect.

What does this imply for medical marijuana card holders in Arizona? Merely put, driving in Arizona might be dangerous till the specifics of drug DUI enforcement are hammered out. At any time after smoking marijuana they are going to be in danger for a DUI if concerned within the slightest fender bender. Since law enforcement officials reply to all accidents within the Phoenix metro space, even the cautious card holder could possibly be in danger. My recommendation stays to rent an legal professional and have them on retainer if you’re a medical marijuana card holder within the valley; they need to do that, on the very least, till regulation enforcement has hammered out the kinks within the drug DUI enforcement system.