Phoenix Recreational and Medical Marijuana DUI Laws – An Overview

In Arizona, driving while high on marijuana is against the law. Whether you use marijuana to manage a medical condition or for recreational enjoyment, the risks of a DUI charge are real and potentially life-altering. Understanding the legal issues related to recreational and medical marijuana DUIs can help protect your rights and your future. If you are facing a DUI charge related to marijuana use, contact a Phoenix DUI defense lawyer today.

Overview of Marijuana Legalization in Arizona

Proposition 207 (2020) – Recreational Use

Proposition 207, known as the Smart and Safe Arizona Act, was passed by voters in November 2020, making Arizona one of the states where recreational marijuana is legal. This law permits adults aged 21 and over to possess up to one ounce of marijuana and cultivate up to six plants for personal use.

Arizona Medical Marijuana Act (2010)

The Arizona Medical Marijuana Act (AMMA) was passed in 2010, allowing patients with specific medical conditions to obtain a medical marijuana card. This card permits the holder to purchase, possess, and use marijuana for medical purposes as recommended by a physician.

As of today, both recreational and medical marijuana are legal in Arizona, with distinct regulations for each category. However, despite legalization, it’s important to note that driving under the influence of marijuana remains illegal and carries severe penalties.

Recreational Marijuana Users

For recreational marijuana users, the legal landscape is still evolving. Unlike alcohol, there’s no universally accepted standard for marijuana impairment. Arizona law states that any amount of marijuana or its metabolites in a driver’s system can potentially lead to a DUI charge, though this zero-tolerance approach has sparked debate. THC can remain detectable in a person’s system long after the impairing effects have worn off.

Law enforcement relies heavily on field sobriety tests and officer observations to determine impairment, including the walk-and-turn test, one-leg stand, and horizontal gaze nystagmus test. However, these tests were originally designed for alcohol impairment and may not always accurately reflect marijuana intoxication.

Medical Marijuana Users

For medical marijuana cardholders, the situation is more nuanced. The Arizona Medical Marijuana Act provides some protections for patients, but it doesn’t give them carte blanche to drive under the influence. Medical users cannot be convicted of a DUI based solely on the presence of marijuana metabolites in their system unless there’s evidence of actual impairment. This creates a higher burden of proof for prosecutors, as they must demonstrate actual impairment rather than relying solely on the presence of THC.

What to Do after a Marijuana DUI Arrest?

If the police have arrested you for DUI, there are certain steps you should take to protect your rights. These include the following:

• Exercise your right to remain silent – Politely inform the officer that you wish to invoke your Fifth Amendment right and remain silent. Avoid discussing the details of your marijuana use or any other potentially incriminating information.
• Request an attorney immediately – Ask to speak with a qualified DUI defense attorney before answering any questions or participating in any tests. This is your constitutional right.
• Comply with lawful orders – While you have the right to remain silent, you must follow lawful orders from the police. Cooperate with booking procedures and avoid confrontational behavior.
• Document the arrest – As soon as possible, write down everything you remember about the arrest, including the officer’s conduct, any field sobriety tests performed, and conversations that took place.
• Gather witness information – If there were passengers in your vehicle or witnesses to your arrest, try to obtain their contact information. They may provide valuable testimony later.
• Preserve evidence – Keep any documents given to you by law enforcement, including citations or release papers. These can be crucial for your defense.
• Contact a Phoenix DUI defense attorney – Reach out to a lawyer experienced in handling marijuana DUI cases in Phoenix – They can guide you through the legal process and help protect your rights.
• Attend all required court appearances – Missing a court date can result in additional charges or a warrant for your arrest. Ensure you’re present for all scheduled hearings.

Avoid posting on social media: Refrain from posting about your arrest or case on social media platforms. These posts can be used against you in court.

Remember, a marijuana DUI charge doesn’t automatically mean a conviction. With the right legal representation and a strategic approach, you may be able to challenge the charges or negotiate for reduced penalties. A skilled DUI defense attorney in Phoenix can assess the specifics of your case and develop a tailored defense strategy to protect your rights and future.

Why Choose Us to Represent You after a Marijuana DUI?

The complexities of marijuana DUI laws in Arizona underscore the importance of skilled legal representation. Whether you’re a recreational user or a medical marijuana patient, the nuances of these laws can significantly impact the outcome of your case. This is where The Molina Law Group steps in, offering aggressive and dedicated advocacy.

With marijuana laws constantly changing, our team stays on top of changes to the law, ensuring you receive the most up-to-date and effective legal strategy. We will scrutinize every aspect of your case, making sure that it is resolved as favorably as possible. From questioning the validity of field sobriety tests to analyzing chemical test results, we leave no stone unturned in identifying weaknesses in the prosecution’s case.

The Molina Law Group has established strong relationships with local prosecutors over years of practice. This rapport often leads to more favorable plea deals or charge reductions, potentially saving you from harsh penalties. Even in challenging cases, our team works tirelessly to minimize penalties. Our goal is always to help you avoid jail time, reduce license suspension periods, and mitigate other long-term consequences of a DUI conviction.

Charged with a Marijuana DUI? Call a Phoenix DUI Defense Attorney Today

Don’t let a marijuana DUI charge derail your life. Contact The Molina Law Group today for a free consultation. Let our experience, knowledge, and commitment work for you as you navigate the complex terrain of Arizona’s marijuana DUI laws. With The Molina Law Group, you can confidently face your legal challenges, knowing you have a powerful ally in your corner.