Is pot legal in Arizona now? Proposition 207 was on the ballot in the November 2020 election. Proposition 207 talks about legalizing recreational use of marijuana in the state of Arizona. 60% of Arizona voters said yes and approved it. Now that the proposition passed, there are a few steps that must happen before people can purchase and use marijuana legally. The Arizona Secretary, Katie Hobbs, must first certify the election, and that will happen in early December 2020 when new elected officeholders are sworn in and voter initiatives are validated.
The application process for licenses to sell marjiuana will open on January 19, 2021 and the Arizona Department of Health Services (ADHS) will have up to 60 days to issue licenses after applications are submitted. According to this timeline, marijuana sales are anticipated to begin in March 2021. With increasing marijuiana use comes the potential of a MMJ DUI. Let’s learn more about marijuana DUI laws so that you’re prepared!
Now that recreational marijuana use is legal in the state of Arizona, that has many people wondering how that impacts marijuana DUI laws. You might be wondering the exceptions or defenses if you have a medical marijuana card. The short answer to the question of “can you drive while high” is still a hard “no.” Antol and Sherman, PC are your go-to marijuana lawyers in Northern Arizona. Here is our rundown of marijuana DUI driving laws that apply in Flagstaff, Arizona.
See also: Do this if you get a DUI while riding a bike in Flagstaff
Did You Get a Marijuana DUI in Arizona
With the passing of Proposition 207, marijuana will be treated similarly to alcohol you must be 21 years or older to purchase it. You definitely cannot drive a motor vehicle while under the influence of marijuana. You may be wondering how someone is tested for the presence of marijuana in their system? With alcohol you can consent to a breathalyzer, but the same thing does not exist for marijuana. If you are arrested for suspicion of driving under the influence of marijuana, the police officer will ask for your consent to submit a blood test. You do not have to consent to it, but know that if you refuse there will be administrative penalties at the Department of Motor Vehicles with your license. Should your case go to trial, the judge or jury can hold your refusal to submit to the test against you as evidence of guilt.
The marijuana blood test administered is to determine the presence of THC metabolites in your blood, and if they are found in sufficient concentration, you can be charged with a marijuana DUI. Being under the influence in Arizona means that the marijuana impairs normal coordination to even the slightest degree. Indicators that someone’s normal coordination is impaired include slurred speech, difficulty standing or walking, erratic driving, inability to perform the standardized field sobriety tests an office administers on the side of the road, and so forth. Like with alcohol, if you are under the age of 21, it is illegal for you to drive with any detectable amount of marijuana in your system at all whether impaired or not.
Arizona DUI Laws for Medical Marijuana Patients
Arizona medical cannabis laws have been in existence since November 2010, but that still does not protect you from being charged with a marijuana DUI if you are caught driving under the influence of marijuana. The laws about DUI in Arizona make it clear that similar to any prescribed drug, if you ingest it and then drive under the influence, you can be charged with DUI. A medical marijuana card is not a “get-out-of-jail-free card” like many people like to think. Look at the label of prescribed drugs and notice the warnings not to operate a motor vehicle after ingesting them. A judge or jury is not likely to believe that you “did not know” the drug would impair you. It is important to consult with a doctor before being prescribed marijuana. Having labels on prescriptions warning of such anticipated effects and drug interactions.
What Exactly is “Driving” While Under the Influence in Arizona?
A marijuana DUI happens when someone is driving or in actual physical control of a motor vehicle while under the influence of cannabis (or combined with another intoxicant such as alcohol or another drug). Actual physical control means more than your car moving down a street with you behind the steering wheel. The courts want to encourage people to take shelter in their car and deter people from driving when they have been ingesting drugs and/or alcohol. Some of the factors a court will weigh to determine if you are in actual physical control of a motor vehicle include, but are not limited to, the following:
- Is your car legally parked?
- Are you in the driver’s seat?
- Are you awake when the officer finds you?
- Are the keys in the ignition?
- Is your car’s engine on?
- Is your seatbelt on?
- Are the headlights on?
Often there is a legal and factual battle between the defense attorney and the prosecutor. They are trying to determine if someone is operating a motor vehicle or they are using their vehicle for shelter to sleep off a night of drinking or consuming drugs. It is a case-by-case basis. Having proper representation is important to be able to defend yourself.
Penalties for Marijuana DUI in Arizona
For marijuana DUIs, a person is exposed to the same or similar criminal and administrative penalties as when charged with an alcohol DUI.
First weed DUI offense (misdemeanor):
- Mandatory minimum of up to 10 consecutive days in jail up to 9 months suspended. (This is not active jail time but if you violate probation you are facing 9 months in jail)
- A minimum fine of $1,600
- Substance abuse screening (SAS), education, and treatment program
- Court ordered community service
- Probation
- Driver’s license suspension of up to 90 days
Second weed DUI offense (misdemeanor):
- Mandatory minimum of 90 days in jail, 90 days suspended
- A minimum fine of $3,500
- SAS, education, and treatment program
- Court ordered community service
- Probation
- Driver’s license revocation of up to 1 year
Third weed DUI offense within 7 years is charged as an Aggravated DUI (felony):
- Mandatory minimum of 4 months in jail, 8 months for subsequent offense after three
- A minimum fine of $4,000
- SAS, education, and treatment program
- Probation and/or parole
- Driver’s license revocation of up to 3 years
- Possible forfeiture of your vehicle
Facing Marijuana DUI Charges in Flagstaff? Contact an Arizona Criminal Defense Lawyer Today!
If there is one takeaway from our overview of marijuana DUI laws, we hope that you understand the legalization of marijuana in Arizona does not impact the harsh marijuana DUI laws in this state. Driving high is never worth it. Take an Uber, have a designated driver, use it within your home and never in your car. Arizona is one of the toughest states in the country on DUI. The penalties are meant to be tough to deter people from committing this crime and punish those who do break the DUI laws. If you find yourself charged with a marijuana DUI, contact us at Antol & Sherman, PC. We have a team of highly experienced criminal defense attorneys who have litigated AZ cannabis DUI cases in the courts throughout Northern Arizona.