Medical Marijuana and proof of impairment

by Aaron Black • March 29, 2017
Medical Marijuana in ArizonaThe medical marijuana act passed in November of 2010 in Arizona. Known as Proposition 203, the Medical Marijuana Act allows the possession of Marijuana for those with severe, chronic or terminal illnesses to legally use medical marijuana. Active medical marijuana cardholders are protected from arrest and prosecution with the exception of being in control of a motorized vehicle while under the influence.

With that being said, Arizona does not have a specific law in place in regards to a threshold of THC (Tetrahydrocannabinol) in a person’s body to be convicted of driving under the influence of a controlled substance.

A Court of Appeals in Arizona recently ruled that Prosecutors cannot assume that an arbitrary level of THC in someone’s system means that the person is impaired. Furthermore, for each case where a medical marijuana user has been charged with driving under the influence, the Prosecution must provide expert testimony to a defendant’s specific level of impairment.

As a result of this ruling simply because someone carries a medical marijuana card, they cannot be criminalized by Prosecutors.

If you find yourself with legal issues over your use of medical marijuana, it is important to contact a Criminal Defense Attorney who has a clear understanding of the legal complexities in regards to the use of medical marijuana.

Medical Marijuana use allowable by Law

  • A qualifying patient can possess up to 2.5 ounces (as recommended by their Doctor)
     
  • In some instances, a patient may be able to cultivate marijuana. A qualifying patient, however, must be authorized to cultivate marijuana, and their identification card must verify that they are eligible.

Marijuana Restrictions

  • Being in control of a motorized vehicle while under the influence of medical marijuana including a car, aircraft or motorboat
     
  • Possession or use of marijuana in a child care facility is prohibited
If you would like to learn more about medical marijuana and proof of impairment, contact Aaron or call 480-729-1683 today.
 

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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