Medical Marijuana in Arizona and DUI Law
As we approach the deadline for the Arizona legislature
to institute the rules for medical marijuana in the state,
many are also considering the implications on other
sections of their life. Medical marijuana users will be a
reality very soon, and will possibly be more widespread
than we might think. One issue that many medical
marijuana users are not considering is driving in
Arizona. Because marijuana is difficult to isolate in tests
to determine intoxication, many believe that they will be
able to consume marijuana and drive without
repercussions. Nothing could be further from the truth,
actually. Enforcement standards in the state are as high
as ever, and law enforcement officers are able to detect,
test for, and arrest for marijuana consumption while
driving.
The key ingredient in marijuana, THC, is detectable for
up to thirty days with certain forms of testing. At a
minimum, with saliva testing it can be detected for up to
twelve hours. This means that the state will not be able
to use ARS 28-1321(2) or (3) against the medical
marijuana user, since the actual presence of a legal
substance is clearly defined as not illegal in ARS
28-1321(4)D. However, ARS 28-1381(1) states that if a
substance is present, legality notwithstanding, and the
person is legally intoxicated as observed by the arresting
officer, they have are still in violation.
To clear this up, allow me to present a scenario. John is
a legal medical marijuana card holder who has smoked
marijuana approximately ten hours ago. He is then
involved in a minor accident to which a police officer
responds. The officer believes John is intoxicated He is
given a saliva test, which returns positive for THC. He
informs the officer that he is a medical marijuana card
holder. He is not guilty of a DUI for reasons of ARS
28-1321(2-4). The officer still requests he perform a
field sobriety test to determine his intoxication; John
fails this test miserably. John is still going to be arrested
for a DUI pursuant to the first paragraph (ARS
28-1381(1)) of the statute, which states that since John
has anything in his system and is observably intoxicated
he is driving under the influence.
What does this mean for medical marijuana card
holders in Arizona? Simply put, driving in Arizona will
be risky until the specifics of drug DUI enforcement are
hammered out. At any time after smoking marijuana
they will be at risk for a DUI if involved in the slightest
fender bender. Since police officers respond to all
accidents in the Phoenix metro area, even the careful
card holder could be at risk. My advice remains to hire
an attorney and have them on retainer if you are a
medical marijuana card holder in the valley; they should
do this, at the very least, until law enforcement has
hammered out the kinks in the drug DUI enforcement
system.