The laws regarding medical marijuana in Arizona seem to be multi-faceted and ever-changing. Medical marijuana is technically legal in Arizona, while recreational marijuana is newly legal. Peoria is one of Arizona’s most populous cities and home to multiple dispensaries. Peoria also has some of the best prices for marijuana in the country. Medical Marijuana is most widely used and recommended for pain control purposes.
According to the Arizona Medical Marijuana Act (the AMMA), Medical marijuana patients can possess up to two and a half ounces. But, since the recent passing of Prop 207, a statewide ballot initiative legalizing the possession, use, and commercial sale of marijuana for adults. The Act permits those age 21 or older to possess up to one ounce of cannabis.
However, when it comes to driving, even if you have a medical marijuana card, it does not mean you are off the hook. Arizona has unique rules for medical marijuana and driving. And in addition to this, even though THC is now legal to use when a police officer thinks its use may have impaired a vehicle’s driver, they can conduct a DUI investigation. And they can arrest the person for DUI if he has the requisite probable cause.
Under §13-3401, if you are under suspicion for a drug DUI, it is irrelevant whether you were drug-impaired at the time of driving, but that drug metabolites were found in your system. When the liver breaks down drugs, they leave behind metabolites. Certain drugs like marijuana leave behind metabolites that stay in the system for weeks, meaning you can still be punished if you are driving when a drug you used weeks ago is still in your system. You also cannot be in actual physical control of your motor vehicle while using or just after using medical marijuana.
The law’s complexities mean that Peoria and other Arizona citizens may be mistakenly arrested even if they are approved, medical marijuana users. This is frightening to approved users who are just seeking pain or trauma relief. The AMMA law provides a defense if a qualifying patient is arrested, prosecuted, or penalized for marijuana possession.
And it is crucial to know that even though recreational use of marijuana is now legal in Arizona, you can still get charged and convicted for DUI with THC in your system. here are two different ways the State can prosecute someone for DUI Drugs in Arizona. Find more information on what we know so far on the Legalization of Recreational Marijuana Use and DUI Laws In Arizona here.
If you find yourself in a situation where you are arrested for DUI with Marijuana, even when you have a medical marijuana card, you need a legal defense team that is up to date on all the regulations regarding medical marijuana use and marijuana laws in Arizona. The attorneys at the Rosenstein Law Group are experienced and skilled in defending medical marijuana DUI cases. Speak with one of our highly rated and leading DUI drug defense attorneys today on your options and the next steps in protecting your rights and future. You can get a free consultation from us by filling out our online contact form here. And as always, you can reach us 24/7 by calling 480-248-7666.