After a narrow vote of just over 50 percent, Arizona joined 17 other states that have enacted laws to legalize medical marijuana. Therefore, if you’ve been charged with DUI for your medical marijuana use, it is imperative that you speak with a DUI attorney from the Rosenstein Law Group for the help that you deserve at this time.
Arizona citizens legalized the use of medically prescribed marijuana for individuals suffering from certain conditions. Proposition 203, approved by voters in 2010, removes criminal penalties for the use and possession of cannabis by medical patients who can produce “written certification.”
Despite the legality of its use, Arizona legislature has yet to enact a blood-content limitation to set a standard for driving laws. Arizona Revised Statute § 28.1381 states that it is unlawful to drive under the influence of “any drug” to the “slightest degree.” What this means for patients who have been certified for the use of medical cannabis is that there is no fixed standard for how much medical marijuana can or cannot be in their system while operating a vehicle.
Unlike the standardized tests for blood alcohol content that provides a guilty presumption only for drivers with a BAC above .08, the approach to medical marijuana is harsher and relies heavily on the subjective analysis of the law enforcement officer at the scene.
While a medical marijuana card will protect individuals from being charged with possession of cannabis, it cannot exempt from DUI charges. That is why it is important, as with the use of alcohol, to plan ahead when using medical marijuana. Regardless of how competent the driver may feel at the time, the slightest driving infraction committed while under the influence of marijuana can result in a DUI charge
However, defense against drug charges concerning medical marijuana are possible for DUI defense attorneys with knowledge of Arizona laws on the subject. Since the prosecution must prove that the driver was under the influence of marijuana, blood and urine tests must be administered to provide evidence of this. This makes the tests subject to scrutiny by the defense attorney and the right DUI lawyer will be able to argue against this evidence based on the legality, reliability and administration of these tests.
Rosenstein Law Group is a firm dedicated to the defense of clients against Fountain Hills DUI charges of all types. Board-Certified in DUI Defense , attorney Rosenstein holds the highest level of competence in DUI law, drug recognition and field sobriety testing – crucial factors that can be applied to your defense. If you have been charged with drug DUI concerning the use of medical marijuana, contact a DUI attorney at our firm to discuss your case and how we may assist you in defending against the charges. There is too much at stake to risk a drug DUI conviction.
We defend people facing DUI charges in Fountain Hills, Scottsdale and other cities in Arizona.
If you need assistance in procuring a medical marijuana card, please contact Dr. Burns here