Marijuana
In 2020 Arizona voters approved Proposition 207 which legalized marijuana use for those 21 years or older and decriminalized most uses by those under 21 years. Proposition 207 said no drivers can be guilty of the crime of DUI for having THC in their body, unless the THC is impairing the user. Proposition 207 did…
Arizona Marijuana DUI trials have become battles over the science of THC and impairment. In 2020 Arizona ballot Proposition 207 dramatically changed the issue for Marijuana DUI trials. Under the old law if the defendant had active THC within their body (usually proven through blood testing), they were guilty as a matter of law…
Does Arizona law require a driver to be sentenced to a mandatory minimum of 4 months in the Department of Corrections for a 1st offense, non-accident, regular DUI occurring on a city street, when aggravating factors such as a minor child in the vehicle or the driver’s having a suspended license are not present, and…
3/14/16 Disparity between Federal and State laws give rise to confusion, concern and unforeseen consequences for some medical marijuana patients in Arizona. Because marijuana is still a Schedule 1 Drug under the United Stated Controlled Substances Act, a lease clause forbidding drug use, even specifically banning use of marijuana by a card-holding medical marijuana patient,…
2/26/16 Arizona Medical Marijuana Act (AMMA) does not permit a Registered Caregiver to possess more than the statutory limit per patient. The Arizona Medical Marijuana Act (AMMA) permits a Registered Caregiver to possess 2.5 ounces of marijuana for each of 5 designated marijuana patients. Each patient must be registered as connected to a particular…
2/23/16 The Arizona Medical Marijuana Act (AMMA) bars forgery prosecution of a physician for falsely certifying they have reviewed the patient’s medical history. The Arizona Medical Marijuana Act (AMMA) allows a person to obtain a Marijuana Medical Card if a physician issues a written certification that a patient has a “debilitating medical condition.” Arizona…
2/5/16 Arizona Medical Marijuana Act (AMMA) bars a Condition of Probation preventing a Probationer from the Medical Use of Marijuana The Arizona Court of Appeals has ruled that the Arizona Medical Marijuana Act (AMMA) allowed a defendant who was on felony probation, and who had an AMMA Card, to use marijuana even though the written…