Earlier this year, an Arizona appeals court determined that pot smokers with a measurable amount of marijuana in their system can be prosecuted for a DUI even though tests show that the driver was not “high.”
Previously, a lower court concluded that it was not logical to prosecute such Driving Offenses in the absence of any sign that they are impaired or “under the influence,” according to an article in the Arizona Central, “Arizona court ruling upholds DUI test of marijuana.”
The lower court judge bolstered his decision by pointing to the growing trend of states easing their marijuana laws, including the acceptance of Medical Marijuana, a comparative that was deemed “irrelevant” in the higher court of appeals.
What’s more, the Court of Appeals noted that the existence of two compounds in marijuana produced enough cause for DUI prosecution; this, based on the fact that one chemical evident in blood/urine analysis causes “impairment;” the other compound is a residual, remaining in the system for weeks after smoking.
If a driver from either one of the two states that recently decriminalized pot (Washington and Colorado) were ever arrested in Arizona for questionable driving, they could in fact be convicted of a DUI, regardless if only a few weeks had passed since they last smoked the drug.
The court ruled that both compounds apply to Arizona law, meaning a driver doesn’t have to actually be impaired to get prosecuted for DUI. As long as there is evidence of marijuana in their system, they can get a DUI, the court said.
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