It is nuts to think Arizona was prosecuting for the presence of non-impairing marijuana. Marijuana DUIs are some of the most defensible cases to prove. The sole issue is impairment. The active compound dissolves from the system very quickly, usually within two hours. If an officer conducts a normal San Diego DUI investigation the active ingredient would be dissipating too fast to get a solid reading. Noone has talked about the additional costs to prosecute Marijuana DUIs. Why? The driver would have no choice but to submit to a blood test (breath test unavailable for pot). Those additional blood runs would be taxpayer dollars to prosecute an already questionable issue of whether there is impairment.
I am glad the courts ruled against the law. It is just something to think they were going to prosecute based on non-impairing compounds that usually remain in the system way past any time of possible impairment.
The state Supreme Court has ruled that the presence of non-impairing marijuana compounds detected in a person’s body does not give authorities the right to prosecute under Arizona’s driving under the influence laws.
Last year, the state Court of Appeals upheld the right of authorities to prosecute pot smokers for DUI even when there is no evidence of impairment.
The Supreme Court opinion released Tuesday notes that while Arizona statute makes it illegal for a driver to be impaired by marijuana use, the presence of a non-psychoactive compound does not constitute impairment under the law.
The opinion focuses on two chemical compounds in marijuana that show up in blood and urine tests — one that causes impairment and one that stays in the consumer’s systems for weeks but doesn’t cause impairment.
The full article can be found here.
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