Arizona is making headway in the fight to legalize marijuana. As Prop 205 becomes more and more of a reality, Arizona residents are left wondering what the legal ramifications associated with marijuana use will be if the bill passes.

Prop 205, would legalize the recreational use of marijuana for people over the age of 21. Under the new law, residents would be able to possess up to one ounce of marijuana at a time. They would also be allowed to grow up to six marijuana plants. If Prop 205 passes, the new law would go into effect September 1, 2018.

There is some uncertainty, however, about what would happen to Arizona’s drugged driving laws if Prop 205 passes. Our attorney, Craig Rosenstein, recently was featured on CBS 5 (the clip can be seen here) discussing his take on the proposed legalization of marijuana. Craig feels that the legalization of the drug would not mean major changes for the state’s tough DUI laws.

Understanding the current law

By operating a vehicle in Arizona, drivers give implied consent, meaning that refusal to submit to a drug test can lead to the suspension of the driver’s license for up to 12 months. Under the new law, any driver that is found to have active traces of THC (an active chemical in marijuana) in their system can be charged with a DUI.

In the state of Arizona, the penalties for a DUI conviction are dependent whether or not the defendant has any prior convictions. A first offense could come with up to 10 days in jail and fines totaling up to $1,250. A second offense may come with up to 90 days in jail and $3,000 in fines. Three or more DUI convictions within seven years come with a minimum of four months in prison, fines totaling up to $150,000, a license suspension for three years, and probation of up to five years.

If you have been charged with a marijuana related offense, you face the possibility of imprisonment, fines, and the suspension of your driver’s license. Don’t just trust anyone to handle your defense, trust the experienced professionals at Rosenstein Law.