Marijuana DUI
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…
Legal residents are now generally not deportable for one Arizona misdemeanor DUI conviction. Legal residents can be deported for one DUI if it involves Controlled Substances, and these substances include Marijuana and Prescription Medications, even if legally prescribed. Arizona Felony DUIs Arizona Felony DUIs may lead to deportation, particularly if the felony is for DUI…
Can I get a 90-day DUI license suspension if I have THC in my blood but I am not impaired? According to a recent Court of Appeals decision the answer is No in Arizona. Some states, such as Washington, have set per se limits (5 nanograms) on the amount THC (the active ingredient of Marijuana)…
In 2020 Arizona Voters approved Proposition 207 which legalized Marijuana use for adults and in most situations decriminalized use by those under 21 years. There are two ways someone can be guilty of misdemeanor DUI with drugs. First, under A.R.S. 28-1381.A.1, by being impaired to the slightest degree. Second, under 28-1381.A.3 by having within their…
Representative John Kavanagh has introduced 2021 House Bill HB1084 which would establish a DUI Per Se limit of 2ng/ml. of THC in a driver’s body. What this means is that if the bill becomes law, a driver would be guilty of DUI if they had 2 ng/ml/ of active THC in their body within 2…
On November 30, 2020 Arizona Elections Proposition 207 (Prop 207), which legalizes the personal possession of Marijuana, took effect. Prop 207 significantly changes the DUI laws for defendants who have Marijuana in their bodies. Arizona’s basic DUI law, 28 A.R.S. § 1381.A.1, makes it illegal to drive or be in actual physical control, “While under…
Medical Marijuana DUI cases in Arizona have two fundamental differences from DUI Alcohol cases which help the Medical Marijuana DUI defense at trial. With Medical Marijuana DUI cases now going to trial and in some cases the State seeking to prove to the jury the Marijuana (THC) levels found in the defendant’s blood,…
As of today, December 22, 2016, the state of the law with regard to medical marijuana defenses to DUIs in Arizona is rapidly changing because of two legal issues. In Arizona it is a violation of DUI laws to be driving or in actual physical control of a motor vehicle while…