Official Federal Government reports may be the best defense for THC Marijuana DUIs
In 2020, the Arizona voters passed Proposition 207 (Prop 207) legalizing the use of marijuana. That initiative changed THC Marijuana DUI trials so that official U.S. Government reports may be the best defense.
Before Prop 207 at trial the defendant had to prove he had a marijuana medical card and he was not impaired. Now the defendant does not have to prove anything. The State must prove he is impaired by the THC.
In § 7.2 (page 16) Prop 207 also said there can be no per se limit for THC in the blood until scientific research conclusively shows all people are impaired at a certain level. Scientific evidence does not conclusively show such a limit. What this means is in Arizona there are no per se or automatic limits for THC like .08% for alcohol.
Without THC limits jury trials are more wide open than alcohol DUI trials. The jury must look at other evidence, including scientific evidence, to decide if the defendant was impaired.
Often in THC DUI trials the State has an expert witness testify about scientific studies regarding the signs of THC impairment which show the defendant is guilty. The defendant now can use the same witness to show he is not guilty.
One evidence rule, Arizona Rules of Evidence Rule 803(18) allows statements from studies which the witness agrees is from reliable authority to be read into evidence. See State v. West, 238 Ariz. 482, ¶ 70. All State DUI expert witnesses agree that the National Highway Traffic Safety Administration (NHTSA) is reliable authority and so statements from NHTSA articles can be read into evidence.
The 2017 NHTSA article, Marijuana Impaired Driving, has several statements which are helpful for defendants. Those include:
- “Studies that have been conducted do not show that the level of THC and the degree of impairment are closely related” (Page 12)
- “There are currently no evidence-based methods to determine marijuana impaired driving.” (Page 18)
Therefore, the defendant can use the state’s expert witness to give jurors these statements and more from the Federal Government (NHTSA) to show the State’s evidence is not based on science and there is reasonable doubt. This sounds much better coming from the State’s witness. Thus, some of the best evidence to help defendants to show they are not guilty may come from the Federal government.
Gordon Thompson
For more information about Arizona DUI and criminal law issues please contact Gordon Thompson who has used his experience to write a blog on topics of interest. You can also chat with Gordon about your specific questions.
Website: https://www.GordonThompsonAttorney.net
Blog: https://www.GordonThompsonAttorney.net/blog/
