A recent ruling in Arizona could impact the way that marijuana DUI cases are handled in Pennsylvania and throughout the country. According to the State Court of Appeals, a person who uses medical marijuana cannot be convicted of driving while impaired if there is no proof that the driver was, in fact, impaired.
It is thought to be a setback for prosecutors in the state where there is no law that determines just how much THC a person must have in their system to be considered impaired. An appellate judge, Diane Johnsen, wrote in her opinion, “And, according to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being.” In other words, there is no set level at which every person is too impaired by marijuana to drive a vehicle.
Previous Rulings in Arizona
In 2010, voters in Arizona approved a legislation that a legal user of marijuana could not be excused from driving under the influence simply because they hold a prescription for the drug.… Read More