Medical Marijuana Users Still Presumptively Impaired to Drive

In a unanimous decision, Dobson et. al. v. McClennen (CV-14-0313-PR) issued Friday Nov. 20th, the Arizona Supreme Court (Bales, J.),  held that persons driving after legally smoking medical marijuana   are nevertheless “presumed to be under the influence”  under Arizona law.  However, when charged with DUI, medical marijuana drivers may present a “limited defense” to prove that the level of marijuana in the driver’s blood is an “insufficient concentration to cause impairment.” Dobson, supra at ¶23.

 Implicit in this decision is the recognition of the wild popularity and easy availability of “medical” marijuana cards in Arizona, and their footing as a substitute for physician-prescribed medicine.  Emphasizing that the easily-obtained  “written certifications” to use medical marijuana are not the same as medical “prescriptions,” the Court underscored that those issuing popular medical marijuana certifications are in a different class of “medical providers” than physicians, dentists, or even “podiatrists.”   Those driving are not “immune” to DUI, as a statute had seemed to suggest, but rather, when arrested, now have the legal burden of proving in court “by a preponderance of evidence” that the amount in their systems was too little to be impairing.  Thus, in a tale of two licenses, the AZ Supreme Court has held decisively that a license to smoke is not a license to drive.

Recommended Articles

sealed letter
Sealing Criminal Records in Arizona Under The New Law

Arizona’s new sealing statute is a powerful way for people who have been charged or convicted of many common offenses, to be able to say “no” in many instances.

angry men arguing
Aggravated Assault in Arizona: Five Things You Should Know

In Arizona, “Aggravated Assault” charged under ARS § 13-1204 is a Class Four Felony, and in some cases with mandatory prison.

angry-police
Police Misconduct & How it May Affect Your Criminal Case in Arizona 

DUI or domestic violence police misconduct even if not resulting in grievous misfortune can sometimes provide a helpful remedy for the criminally accused.

professionals-worried
Collateral Consequences of Misdemeanors For Professionals & Parents in Arizona: Fingerprint Clearance Cards

people are surprised by how outsized the consequences some misdemeanor convictions can be. collateral consequences—meaning all those hidden consequences.

guy-holding-gun-to-womans-head
Federal Court Strikes Law Prohibiting Guns For Some Accused of Domestic Violence

For thirty years two federal laws prohibited all those convicted of misdemeanor domestic violence offenses from ever possessing firearms.

Michael Harwin

About Michael Harwin

Michael’s skill and experience have been recognized repeatedly. He holds an A-V 5/5 preeminent rating by Martindale Hubbell. He has been named one of the top lawyers in Arizona by Southwest Superlawyers, and one of the best lawyers in Tucson by Tucson Lifestyle Magazine. He also has been named one of the best lawyers in the United States by BestofUS.com , and given the highest rating possible by AVVO, 10/10 Superb. Amazon Books