Marijuana Users in Arizona can be Prosecuted for DUI even if They are not “Under the Influence”
Using marijuana in Arizona can result in a DUI conviction even if an individual hasn’t smoked pot for weeks, according to a state appeals court.
In the case of Montgomery vs Harris, a state’s appellate court overturned a lower court decision, ruling that prosecutors can convict drivers for being under the influence even if there is no evidence that the person is actually under the influence.
In 2010, Hrach Shilgevorkyan was stopped for speeding. A blood test revealed the presence of carboxy-THC, an inactive substance that stays in the body for up to four weeks after the smoking of marijuana, but which does not impair normal capabilities.
The court concluded that as long as certain chemicals in marijuana show up in a driver’s blood or urine, the individual can be found guilty, which means a person can go to jail for using long after the fact.
The ruling overturned a lower court judge’s decision that said it made no sense to prosecute someone with no evidence that they’re under the influence.
-Noel Brinkerhoff, David Wallechinsky
To Learn More:
Ariz. Court Ruling Upholds DUI Test For Marijuana (by Paul Davenport, Associated Press)
AZ Appeals Court Says Traces Of Inactive THC Qualify For DUI (by Ruth Ann Monti, Examiner.com)
State of Arizona v. The Honorable Myra Harris (State of Arizona Court of Appeals) (pdf)
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