Known as the Arizona Medical Marijuana Act (AMMA), this law allows registered patients to legally use cannabis for approved health conditions. However, it doesn’t provide complete protection from DUI charges. If a medical marijuana patient drives with any amount of THC in their system, they can still face marijuana DUI charges in Arizona, even if they weren’t actually impaired while driving.
At Griffen & Stevens Law Firm, PLLC, our experienced Flagstaff criminal lawyers understand the complexities of how the AMMA intersects with Arizona's DUI laws. We're here to explain the potential impacts and discuss what defense strategies may be available to registered patients who find themselves facing DUI charges.
Arizona's Medical Marijuana Law
In 2010, Arizona voters approved the Arizona Medical Marijuana Act (AMMA), allowing registered patients to legally use marijuana for approved medical conditions. Under the AMMA, qualifying patients can purchase up to 2.5 ounces of marijuana every two weeks from a state-licensed dispensary.
While the AMMA protects registered patients from criminal prosecution for possessing and using marijuana medically, it doesn’t give patients free rein to drive under the influence. However, the law does provide some limited protections related to marijuana DUI charges.
Arizona's Marijuana DUI Laws
In Arizona, it's illegal to drive while under the influence of marijuana to the slightest degree, even if the driver is a registered medical marijuana patient. State law prohibits driving or being in actual physical control of a vehicle while any amount of marijuana or its active metabolite, THC, is detectable in the person's body.
This zero-tolerance approach means a motorist can face DUI charges if marijuana is found in their system, regardless of whether their driving was actually affected. Unlike with alcohol, there's no legal limit for marijuana impairment.
Testing Procedures for Marijuana DUIs
When an officer suspects marijuana impairment, they may request blood, urine, or saliva testing to detect THC. However, these tests only show the presence of marijuana metabolites, not the level of active impairment.
THC can remain detectable long after the psychoactive effects have worn off— sometimes for several days or even weeks in heavy users. This means a positive test doesn't necessarily prove a medical marijuana patient was impaired while driving.
Potential Defenses for Medical Marijuana Patients
While the AMMA doesn't provide blanket immunity for marijuana DUIs, it does offer some possible defenses for registered patients. Our skilled Flagstaff criminal lawyers may argue:
- The traffic stop was unlawful or lacked probable cause. Our attorneys examine whether the officer had a legitimate reason to pull you over in the first place.
- The testing procedures were flawed or inaccurate. We might also find cause to challenge the reliability and admissibility of the THC test results.
- The presence of THC doesn't prove actual impairment while driving. We may argue that while THC was present, there's no evidence it affected your driving ability.
- The patient had a valid medical marijuana card. If you’re using cannabis legally under the AMMA, we can assert your rights as a registered patient to possess and use marijuana.
Each case is unique, and the specific defense strategy will depend on the individual circumstances. Our experienced DUI attorneys review the evidence, challenge the prosecution's case, and work to minimize the consequences of a marijuana DUI charge in Arizona.
Choosing the Right Flagstaff Criminal Lawyer
If you're a medical marijuana patient facing DUI charges, it's crucial to find a criminal defense attorney who understands the nuances of Arizona's cannabis and DUI laws. Look for a legal representative who has:
- Experience handling marijuana DUI cases and a track record of success.
- Knowledge of the AMMA and how it applies to DUI defense.
- A commitment to protecting patients' rights and achieving the best possible outcome.
Facing DUI charges as a medical marijuana patient can be overwhelming, but remember—a charge isn’t a conviction. You have legal rights and potential defenses. The most important step is to consult with a knowledgeable Flagstaff criminal lawyer who understands Arizona's complex marijuana DUI laws.
At Griffen & Stevens Law Firm, PLLC, our skilled team has extensive experience defending medical marijuana patients against DUI charges. We know how to build a strong defense, challenge the evidence, and fight for your rights every step of the way. Don't face these complex charges alone—let us put our knowledge and dedication to work for you.