Are you a medical marijuana cardholder who was arrested for DUI? Recently the Arizona Supreme Court ruled that a medical marijuana cardholder who is arrested for marijuana DUI is not immune from prosecution. The Court did overturn a lower court decision though which held that the mere presence of THC in their system equated to impairment. With new ruling the Supreme Court held that the defendant could introduce evidence to establish that he/she did not have enough THC in his/her system to be rendered impaired. As there is no commonly accepted level of THC which causes impairment (as compared to alcohol (.08 bac)), the Court placed the burden on the defendant to establish that he/she was not impaired. Chief Justice Scott Bales wrote in the opinion. “The risk of uncertainty in this regard should fall on the patients, who generally know or should know if they are impaired and can control when they drive, rather than on the members of the public whom they encounter on our streets.”
Ultimately, as with drinking, driving after smoking or ingesting the edible form of marijuana, do not take the risk and drive. If you are arrested or cited for DUI, be sure to consult a lawyer.
