Arizona Supreme Court Rules No Immunity For Medical Marijuana Users Under DUI Law
On Friday, November 20, 2015, the Arizona Supreme Court of Arizona ruled although Medical Marijuana Card holders do not have immunity from prosecution under the current state DUI laws, specifically, A.R.S. § 28-1381(A)(3), but instead provides an affirmative defense if the medical marijuana card holder shows that the marijuana or its metabolite found in his or her blood was of a concentration insufficient to cause impairment. This ruling allows medical marijuana card holders to drive and if charged with a marijuana related DUI, it allows them to inform the Jury they are medical marijuana card holders and provide evidence that they were not impaired as it relates to A.R.S. § 28-1381(A)(1) and that the concentration of THC or its metabolite was insufficient to cause impairment under A.R.S. § 28-1381(A)(3).