Marijuana Policy
Arizona Appeals Court Rules Marijuana Users Must Be "Impaired" to Face DUI Penalties. The state Court of Appeals has ruled that the state cannot suspend someone's driver's license solely because of the presence of THC in their bloodstream. Instead, authorities must show that the driver was actually impaired.
The ruling came in the case of Aaron Kirsten, whose license was suspended for 90 days after he tested positive for THC during a traffic stop. He filed an administrative appeal saying he had not ingested marijuana for at at least 24 hours and that he was not impaired, but the administrative judge said that was "irrelevant." The Maricopa County Superior Court agreed.
But the appellate court said the lower courts were mistaken and had ignored voter-approved laws that bar the state from punishing drivers who had used marijuana but were not impaired at the time of contact with law enforcement.
"This reinforces our understanding of the voters' intent, expressed through their enactment of Proposition 207, that unimpaired driving after consuming marijuana cannot be penalized," the unanimous three-judge panel wrote.
Arizona Appeals Court Rules Marijuana Users Must Be "Impaired" to Face DUI Penalties. The state Court of Appeals has ruled that the state cannot suspend someone's driver's license solely because of the presence of THC in their bloodstream. Instead, authorities must show that the driver was actually impaired.
The ruling came in the case of Aaron Kirsten, whose license was suspended for 90 days after he tested positive for THC during a traffic stop. He filed an administrative appeal saying he had not ingested marijuana for at at least 24 hours and that he was not impaired, but the administrative judge said that was "irrelevant." The Maricopa County Superior Court agreed.
But the appellate court said the lower courts were mistaken and had ignored voter-approved laws that bar the state from punishing drivers who had used marijuana but were not impaired at the time of contact with law enforcement.
"This reinforces our understanding of the voters' intent, expressed through their enactment of Proposition 207, that unimpaired driving after consuming marijuana cannot be penalized," the unanimous three-judge panel wrote.
