Court Rules Medical Marijuana Users Have No Immunity From DUI

By Alexandra Olgin
Published: Tuesday, October 21, 2014 - 4:35pm
Updated: Tuesday, October 21, 2014 - 5:13pm
Ted S. Warren/AP/NPR
Marijuana leaves.

The Arizona Court of Appeals has ruled drivers who use medical marijuana can still get a DUI. The decision puts all medical marijuana users who drive at risk.  

A previous court decision said that in Arizona you can only be convicted of a DUI if you have the active marijuana metabolite known as THC in your system. As the current law stands, it’s any amount of THC. The problem is that there isn’t a threshold amount like there is with alcohol. 

DUI Attorney Brian Douglas Sloan said, “This case has now made it clear that people who are utilizing medical marijuana under the medical marijuana act that simply having the medial marijuana in their system can lead to a conviction while driving.”

Sloan thinks the ruling will be appealed to the state Supreme Court. THC can stick around in your system for 2 days. Colorado, Washington and a few other states have set legal limits for the concentration of THC in the blood that constitutes a DUI.   

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