Courts Debate How To Measure DUI Related To Old Marijuana Use
The Arizona Supreme Court is being asked to decide if a motorist who may have smoked pot up to a month ago can be charged with and prosecuted for driving under the influence of drugs.
Chief Justice Rebecca Berch wondered how far that logic can be stretched.
“Let's assume that scientific testing develops and now we discover that you can find Carbocy-THC remaining in the system for a year,” Berch said. “Does that have any effect on your position here today?”
Prosecutors said that is up to lawmakers to decide, but Berch continued to push.
“Let's now assume that it's five years you can test Carboxy-THC remaining in the system,” Berch said. “Does there come a point where the statute lacks a rational basis?”