cross posted at mLaw

The Arizona Supreme Court has overturned an appeals court ruling that allowed police to arrest drivers who are legal medical cannabis users who are in no way impaired.

A trooper writing a ticket at a traffic stop.

The Arizona Supreme Court rules for sanity in the state’s drugged driving law.

The state’s lower court had agreed with state prosecutors who argued that Arizona’s zero-tolerance style law regarding driving with detectable remnants of cannabis use, some of which remain inactive in the blood stream for as long as 30 days after using the medicine, allowed police officers to arrest medical cannabis users who were not under the influence of the substance.

The court ruling establishes that, in Arizona, for a driver to be arrested for operating a vehicle under the influence of cannabis, the driver has to actually be under the influence of cannabis. Only after finding active cannabis metabolites in the blood of a driver can the police make a DUI arrest for cannabis.

The court’s decision arose from an incident where a driver was stopped by Arizona police for speeding. When the driver advised the officer that he had used cannabis the previous evening, the driver was blood tested and arrested.

The decision rendered by the court stated plainly that the officer’s interpretation of the law “leads to absurd results. Most notably, this interpretation would create criminal liability regardless of how long the metabolite remains in the driver’s system or whether it has any impairing effect.”

Hold-out Justice Ann A, Scott-Timmer, who remained unconvinced by the other justices’ clear-cut understanding of the matters involved in the case, wrote as the sole dissenter that, in her mind, arresting drivers whose blood stream contains inactive cannabis metabolites that in no way effect or impair drivers for DUI serves to “enhance detection and prosecution of drugged driving.”

The practice of arresting patients who are not under the influence of cannabis, a knowing misinterpretation of the intent of Arizona’s traffic safety laws, was viewed to be a form of harassment by police (some of whom do not personally agree with medical cannabis) due to the fact that simple common sense should indicate to an honest person that it is physically impossible for a cannabis user to be under the influence of a drug that they consumed weeks or even months earlier.

The questionable and aggressive interpretation of the state’s zero-tolerance rules was enshrined as standard operating police procedure when Arizona state prosecutors warned all medical cannabis users to simply stay off Arizona’s roads or risk being arrested for driving under the influence. Medical Cannabis advocates and patients, outraged over the suggestion that cannabis using patients could never drive again because they are administering legal medications, correctly analyzed that the prosecutors’ threat criminalized their usage of the legal medicine.

Across the US, 26 states have passed legislation allowing for cannabis to be used by patients as medicine. As it stands today the laws regarding how cannabis in the blood stream of drivers is measured to identify impaired drivers are inconsistent and contradict each other. Eight of these states have rules similar to Arizona, where the laws do not distinguish between active and inactive cannibidiol metabolites creating Catch 22 situations for patients; choose to use medicine and risk being arrested on criminal charges, or do without needed medications.

In 2013 the Supreme Court of Michigan held that medical cannabis patients have to be shown by police to actually be impaired by cannabis usage before being criminally charged with driving under the influence.

The attorney for the arrested Arizona medical cannabis patient, Michael Alarid III, told the Associated Press that the court’s the ruling on the matter and the clarity that the decision provides can “have far reaching impacts on medical marijuana patients” in that it “corrects an error in the interpretation of the law.”

Photo by woodleywonderworks released under a Creative Commons license.