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Arizona’s Absurd Marijuana DUI Laws


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As the law reads right now, anyone can be charged with driving under the influence if they have used marijuana within the last month or so.

A police officer can force you to submit a blood test if they suspect of DUI. The blood test can reveal the presence of alcohol and THC (the psychoactive element in marijuana). The blood test could also reveal the presence of the metabolite called Carboxy-THC (which can remain in a person’s blood for up to a month after using marijuana).

Carboxy-THC is not an active metabolite, which means its non-psychoactive. Therefore, it has no effect on the brain and does not cause impairment. But if Carboxy-THC is the only thing a person tests positive for, they can still be charged with DUI in Arizona!

A Phoenix attorney has petitioned the state Supreme Court to change the DUI laws to be more specific.

 


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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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