Appellate Decision in Medical Marijuana DUI Case
The Arizona Court of Appeals ruled that the state’s medical marijuana law does not give drivers protection from laws about driving under the influence.
In 2011, Travis Darrah, a medical marijuana user, was pulled over and charged with two counts of DUI. A test taken following his arrest showed the presence of marijuana in his body.
While a jury acquitted Darrah of the first count, driving while impaired, they did not clear him of the second charge of having a prohibited drug of its metabolite in his system. Darrah argued that his medical license to use marijuana gave him immunity from DUI laws.
Due to his conviction, Darrah now faces a day in jail, up to $1,500 in fines, required substance abuse help and a one-year suspension of his driver’s license.
Darrah appealed his case to the state’s Court of Appeals; on Tuesday they ruled that voter-approved state medical marijuana laws have no exemptions regarding DUI laws.
Arizona’s state legislature regarding medical marijuana has numerous safeguards for licensed users, such as workplace and tenant protections. There is nothing regarding DUIs and driving when it comes to medical marijuana exemptions.
“If Arizona voters had intended to completely bar the state from prosecuting authorized …read more
Source:: DUI News