Cannabis matures at the Medicine Man dispensary and grow operation in northeast Denver in this 2013, file photo.PHOENIX – Authorities can’t prosecute Arizona motorists for driving under the influence of marijuana unless the person is impaired at the time of the stop, the state Supreme Court ruled Tuesday in the latest opinion on an issue that several states have grappled with across the nation.
The ruling overturned a state Court of Appeals decision last year that upheld the right of authorities to prosecute pot smokers for DUI even when there is no evidence of impairment.
The opinion focuses on two chemical compounds in marijuana that show up in blood and urine tests – one that causes impairment and one that doesn’t but stays in a pot user’s system for weeks.
Some prosecutors had warned that anyone in Arizona who used medical marijuana simply shouldn’t drive or they would risk facing DUI charges, a contention that drew the ire of pot advocates who claimed this interpretation of the law criminalized their legal use of the drug after voters approved it in 2010.
Tuesday’s state Supreme Court opinion removed that threat in explaining that while state statute makes it illegal for a driver to be impaired by marijuana, the presence of a non-psychoactive compound does not constitute impairment under the law.