AZ Supreme Court Rejects Presence of THC Metabolite as Proof of Drugged Driving
The Arizona Supreme Court has ruled that prosecutors need proof a driver was impaired by his consumption of marijuana to convict of drugged driving. The presence of THC metabolites in the driver's blood is not enough.
The opinion, available here, states that medical evidence shows the presence of Carboxy-THC does not equate to impairment.
“Because carboxy-THC can remain in the body for as many as 28 to 30 days after ingestion, the state’s position suggests that a medical-marijuana user could face prosecution for driving anytime nearly a month after they had legally ingested marijuana,” Brutinel wrote. “Such a prohibition would apply even when the driver had no impairing substance in his or her body.”
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