Arizona state law is known for its severe punishments when it comes to driving while intoxicated, whether that intoxication comes from drugs or alcohol. The law does not permit anyone from driving under the influence of drugs or alcohol, but just recently, a much larger conversation has begun to be had about how this affects those with legal medical marijuana prescriptions in the state. After all, if a person is pulled over and discovered to have trace amounts of marijuana in their system, and this person has a prescription for medical marijuana, should this person be charged with a DUI?

The state laws of Arizona recently strived to answer this question.

But, first, let’s take a look at Arizona DUI (driving under the influence) laws and the repercussions faced by those charged with a DUI in the Grand Canyon State.

DUI Laws in Arizona

Drugged driving is on the rise in Arizona, and while it’s still not as frequent as drunk driving, the number of accidents that can be linked back to drugs has significantly increased in recent years.

In Arizona, the law states that the police have the option and authority to request a field sobriety test and/or chemical test from anyone they suspect of driving while under the influence of drugs. In the eyes of the law, all Arizona drivers consent to these tests the moment they get behind the wheel of a vehicle. Refusing to take one of these tests will result in a one-year suspension of your license. (And, yes, that includes first-time offenders!)

Arizona is also a zero-tolerance state when it comes to the intoxication of minors (anyone under the age of 21). If you are younger than 21 and found to have drugs in your system – no mater the amount – you can be arrested.

Throughout the country, a current difficulty police are facing is drugged driving detection. The fact of the matter is that driving under the influence of drugs is more difficult to detect than alcohol because there is not yet a mobile testing tool to identify the amount of drugs or THC in an individual’s system. Instead, police must rely on chemical tests which aren’t quick or efficient when determining the level of intoxication at the time of the arrest.

Portions of Arizona’s police force are certified as “Drug-Recognition Experts.” These officers are trained to identify the signs of drug use and intoxication. However, as previously stated, a tool does not yet exist to assist officers in assessing an individual’s level of sobriety. Despite this, Arizona has a zero-tolerance policy for driving while under the influence of drugs. A positive test, regardless of how high the percentage of THC or other drug-related substance, is a punishable offense.

Marijuana in Arizona

Arizona is one of the 33 states in the U.S. to have a medical marijuana program. To qualify for a medical marijuana card in Arizona, you must be at least 18 years of age, have a valid form of identification in the state, be a resident of Arizona, and have at least one qualifying condition.

As of 2019, there were nearly 200,000 qualifying cardholders in the state, which accounted for approximately 210,000 individual purchases of marijuana from credited dispensaries that year. And this number is only rising. These cardholders have the right to purchase, possess and consume marijuana (within the legal limits).

Despite the rising population of medical marijuana users, marijuana is one of the drugs included in an Arizona DUI violation. And this is not limited to being possession of the drug or being intoxicated at the time of the arrest, it also includes “metabolite” – a term which refers to whatever amount of marijuana is leftover in the body as it begins to breakdown (primarily in the liver.)

So, does this mean legal cardholders can be arrested for a DUI if they are found to have marijuana in their system?

Introducing Arizona’s affirmative action defense.

What Is Affirmative Defense and Why Should You Care?

A 2015 Arizona Supreme Court case set forth a precedent that is now known as “affirmative defense.” The state’s Supreme Court concluded that citizens in Arizona with legal possession of a medical marijuana card had a new, viable defense tactic known as affirmative defense should they be arrested for a DUI. This is not to say that medical marijuana card holders are exempt from DUI laws, but rather, that they are given a much more stable foundation from which to argue the context of their situation.

Should an individual be pulled over under the suspicion of drugged driving and traces of marijuana are found in their system, BUT this person has a medical marijuana card, there is now legal precedent for this person to argue that he or she did not have enough marijuana (or metabolite) in their system to cause impairment and/or impaired driving.

Keep in mind that, in Arizona, the driver’s state of impairment matters. In much the same way that states use the 0.08 blood-alcohol level reading to determine impairment while driving, impairment due to drugs must also be identified in order to make the charges stick. This can be done in two ways: by using chemical tests (known as “per se” charges), or by charging the driver with an “impaired DUI,” meaning that – based on the knowledge and experience of the arresting officer – the driver appeared to be intoxicated. In some cases, this means the driver can argue that they were not under the influence of drugs by providing other reasonable causes for the symptoms observed by the police.

However, this is not always possible, and if a chemical test returns a positive result for marijuana or THC, legal cardholders now have a more significant way in which to protect themselves.

Discrepancies in the Law

Even with this Arizona Supreme Court decision offering more protections to medical marijuana users in the state, there are still some wrinkles that need to be worked out regarding marijuana and DUI laws.

For example, Arizona state law says it is a crime to operate a vehicle with any amount of drugs in your system whatsoever – including metabolite. However, an Arizona law passed in 2010 states that medical marijuana users/patients are not considered to be “under the influence” solely due to metabolites being detected in the body. So… what is the truth?

It’s contradictions like this one that need to be addressed in the law in order to provide a clearer landscape for medical marijuana users – and Arizona citizens as a whole – to navigate and understand their rights.

And don’t think that you have to do it alone –

When Should You Reach Out to a Lawyer?

Immediately.

If you’ve been charged with a DUI and are a medical marijuana cardholder, reach out to an Arizona DUI lawyer who can help you understand your affirmative defense options and the next steps you need to take. Know your rights! Arizona DUI penalties can be severe, even for first-time offenders; don’t put yourself at greater risk. Reach out to an experienced DUI lawyer today.