Arizona appeals court rules medical marijuana no defense to DUI charge

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Arizona appeals court rules medical marijuana no defense to DUI charge

Alcohol is legal and San Diego DUIs are given.  Prescription medicine is legal and it too can be charged for a San Diego DUI.

Medical Marijuana is no different.

The key is whether these substances make the driver IMPAIRED.  Impaired is a medical term and should not be a judgment call made by someone who has limited training in POST academy.

This is one reason why the basis for a real close examination of the Field Sobriety Tests.  Too often police get lax when adhering to the step-by-step instructions of these validated tests.  If an officer does not adhere to the test as instructed by NHTSA then they can be realistically questioned whether they can be used to form an opinion.

This is just one of the many ways a proven and experienced attorney examines in a San Diego DUI.

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The Arizona Court of Appeals [official website] ruled [opinion, PDF] Tuesday that the Arizona Medical Marijuana Act(AMMA) [text] does not protect legal medical marijuana users from being charged with driving under the influence (DUI). The court reviewed the appeal submitted by Travis Darrah, a legal medical marijuana license holder, and decided the Arizona Revised Statutes allowed the court to charge Darrah with a DUI based on the presence of THC in his blood irrespective of the AMMA exception [text]. Judge Kent Cattani, in a concurring opinion, upheld the finding in this specific case because the appellant failed to provide evidence that he was unimpaired by his legal medical marijuana use, but stated that the AMMA does provide medical marijuana users a valid defense to a DUI charge:

The Arizona Supreme Court thus did not squarely address the carve-out exception for authorized users under § 36-2802(D). Under this carve-out exception, in my view, an authorized user cannot be convicted under § 28-1381(A)(3) if he or she establishes that the amount of THC or marijuana metabolite in the blood was in insufficient concentration to cause impairment.

The majority opinion relied on precedent and did not consider the language of the AMMA exception to bar Darrah’s conviction.

Evolving public sentiment against marijuana criminalization and its medical use [JURIST backgrounder] has led to more legal support [MPP website] in the US in recent months. In July US Representative Scott Perry (R-PA) [official website] introduced a bill [JURIST report] to legalize cannabidiol (CBD) oil, or marijuana extract, which has been shown to treat seizures in children suffering from epilepsy. Also in July New York Governor Andrew Cuomo [official website] signed [JURIST report] the Compassionate Care Act into law, making New York the twenty-third state to legalize medical marijuana.

The full article can be found here.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges.  Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case.  Contact the Law Office of Mark Deniz now for a free case evaluation at (858) 751-4384 or send an email to [email protected] 

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