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Arizona Court to Review Marijuana DUI Immunity Ruling


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DUI Medical Marijuana

The Arizona Supreme Court is going to review a lower court’s ruling that said drivers who are medical marijuana patients can be prosecuted by laws against driving under the influence while having marijuana in their system.

The Supreme Court justices agreed to review the ruling by the Arizona Court of Appeals that was issued last November.

Previously, two defendants that were cardholding Arizona medical marijuana patients had pointed to a medical marijuana law provision that provides a partial legal shield for medical marijuana patients.

However, an Arizona Court of Appeals panel ruled the medical marijuana law doesn’t provide immunity for defendants – including medical marijuana patients – charged with driving while having marijuana in their systems.

View Arizona marijuana laws


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Arizona legalized marijuana for recreational use in November 2020. The law allows adults aged 21+ to purchase, possess and use cannabis. State-licensed cannabis dispensaries began selling recreational marijuana in early 2021. There are over 150 dispensaries in Arizona — a majority of them are in populous areas such as Phoenix, Tucson and Flagstaff. Recreational cannabis delivery services began operating in 2024.  


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