+ See What Our Clients Are Saying

Ben, I would like to thank you and your entire team for all your efforts in getting my case to settlement.

- Mary M.-->

Medical Marijuana Still Counts as DUI

On Behalf of / Friday, 07 November 2014 / Published in drug possesion, Medical Marijuana

Court Ruling Proves Medical Marijuana Can Cause DUI


People have been speculating like crazy ever since laws have been passing for the use of Marijuana medical or residential. Citizens have had a ton of questions how this is going to work? What if someone uses Marijuana and then drives? Will they be punished? Is there a limit to how much you can smoke? How do you know how that will affect the person using it?


Arizona lawmakers have answered some of those tough questions. A recent court ruling says that Arizona residents who have Medical Marijuana Cards that allows them to legally smoke pot can and will be prosecuted under certain laws against driving under the influence while they have Marijuana in their system.


Court Rules For Making it Possible for DUI if Using Marijuana


A state Court of Appeals panel, which consists of three judges has ruled just last month, that a medical Marijuana user is not immune from prosecution under the DUI laws. Seems like Arizona law is making it pretty clear they are not allowing people to use Marijuana as an excuse to drive recklessly. There was a different panel of Court of Appeals judges who has also reached the same decision in a ruling on Tuesday.


The worries comes from a case of two defendants who both had medical marijuana cards. The two defendants tried to point at a medical marijuana law provision that would provide partial legal shield for the use of marijuana (pot) that is prescribed by a physician. Of course, the latest ruling shows that physicians do not actually prescribe medical marijuana, they just certify a patient’s eligibility to do so.


So don’t think you can get a little buzz then drive and say it’s ok because it’s medical marijuana, that excuse won’t work in Arizona.


Source: https://www.abc15.com/news/region-phoenix-metro/central-phoenix/2nd-ruling-pot-law-doesnt-provide-dui-immunity


Criminal Defense Lawyers PLLC
668 N 44th St. Suite 300
Phoenix, AZ 85008
(480) 351-6445