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Arizona Medical Marijuana Patients Can Fight Marijuana DUI Charges


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AZ DUI Marijuana

This week, the Arizona Court of Appeals vacated a marijuana DUI conviction after the defendant successfully proved he was not impaired when driving. Having a valid Arizona medical marijuana card doesn’t exempt patients from getting a marijuana DUI.

Arizona medical marijuana cardholders that face marijuana-related DUI charges can cross-examine the prosecution and are permitted to show evidence and provide testimony of their own to prove they were not impaired at the time of the alleged violation, according to NBC 5.

Marijuana metabolites can stay in the body for weeks, and depending on the frequency of use, can stay in your fat cells for up to 30 days. But those metabolites are inactive, and therefore do not cause impairment, which means that you weren’t impaired while driving.


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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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