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AZ Court of Appeals: Medical Marijuana Users Can Get DUI


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Arizona DUI
Arizona’s Court of Appeals just ruled the state’s medical marijuana law does not give drivers immunity from prosecution if marijuana, or its inactive chemical compound, is found in the body.

Inactive marijuana metabolites can stay in the bloodstream for up to 2 or 4 weeks after use. This means that a medical marijuana patient can consume marijuana today and be arrested on DUI charges weeks later, when they are clearly no longer “high” or “under the influence” from using marijuana. It is the equivalent of consuming an alcoholic beverage today and getting a DUI weeks later for consuming that beverage.

There are currently about 50,000 medical marijuana patients in Arizona.

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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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