On February 12th, the Arizona Court of Appeals overturned a trial judge who said that it does not make sense to prosecute marijuana DUIs if the person is showing no evidence that they are under the influence.
Now the Arizona Supreme Court is being asked to review the lower court’s ruling that marijuana smokers can be prosecuted for driving under the influence even when there is no indication that they are actually high or impaired.
The original case was a motorist who’s blood test revealed a chemical compound that is found in the blood after another compound produced from ingesting marijuana breaks down. The motorist showed no signs of being impaired, but was still charged with a DUI for having THC traces in their system.
Because THC, or traces of THC, can remain in a person’s blood stream for so long, many argue that blood testing for marijuana DUIs is not an accurate way to tell whether someone was driving while too impaired to do so.
The Arizona Supreme Court will review several legal briefs and decide whether they will hear the case.