In a decision filed on Friday, the Arizona Supreme Court held that the State’s Medical Marijuana Act does not provide patients with immunity in DUI prosecutions. The Court did find that the Act provides for an affirmative defense where qualifying patients can show “by a preponderance of the evidence, that the concentration of marijuana or its impairing metabolite in their bodies was insufficient to cause impairment.”

The Court affirmed the conviction of the two petitioners in the case, finding that neither had submitted any evidence that the concentrations were insufficient to cause impairment.

Links to a copy of the Court’s decision and a couple of good articles on the case are below:

Court Decision: Dobson/Anderson v. Hon. McClennen/Mesa Prosecutor (CV-14-0313-PR)

http://azcapitoltimes.com/news/2015/11/20/court-medical-marijuana-no-free-pass-for-driving-impaired/

http://www.thecannabist.co/2015/11/20/court-no-medical-marijuana-immunity-under-arizona-dui-law/44206/

 

Photo Credit: Public domain / via Wikimedia Commons.