Homeless in Arizona

More on - Court: Marijuana law doesn't give DUI immunity

The first article I posted on this seemed to be missing some important details.

The article seems to say that Travis Lance Darrah, who is a medical marijuana patient was convicted of DUI solely because he had marijuana metabolites in his body.

The conviction seems to conflict with Prop 203, which is Arizona's Medical Marijuana Act.

Prop 203 says that medical marijuana patients can't drive while they are stoned or impaired on marijuana.

But Prop 203 very specifically says a medical marijuana patient can't be convicted of DUI solely because they have marijuana metabolites in their body.

Source

D. Operating, navigating or being in actual physical control of any motor vehicle, aircraft or motorboat while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.

Source

Court: Marijuana law doesn't give DUI immunity

Yvonne Wingett Sanchez, The Republic | azcentral.com 4:12 p.m. MST October 21, 2014

The Arizona Court of Appeals on Tuesday ruled the state's medical marijuana law doesn't give drivers immunity from prosecution if there is marijuana or its chemical compound in the body.

In December 2011, Travis Lance Darrah, a medical marijuana user, was charged with two counts of DUI, one based on impairment and the other based on the presence of marijuana or its metabolite in his system. A jury acquitted him of driving while impaired, but convicted him of driving under a DUI law that bans driving while having a prohibited drug or its compound the body.

Darrah appealed, arguing all authorized medical pot users are immune from prosecution under the Arizona Medical Marijuana Act, unless they drive while impaired.

He argued that a registered, qualifying patient could be prosecuted only under a state law that required the state to prove a person was driving while impaired to the slightest degree.

But the three-judge panel disagreed and let Darrah's conviction stand.

Marijuana is legal for about 50,000 Arizonans, but only for medicinal purposes. Patients must get recommendations from a physician and obtain a card from state health officials under the Arizona Medical Marijuana Act approved by the voters in 2010.

The presence of inactive marijuana metabolites can remain in the bloodstream for weeks after use.