Arizona Court of Appeals Rules Medical Marijuana Act Doesn’t Give DUI Immunity
On October 21, 2014, the Second Division of the Arizona Court of Appeals issued an opinion in the case of Darrah vs. McClennen that answers the question”
“whether Arizona’s Medical Marijuana Act (“AMMA”) prohibits the State from prosecuting an authorized marijuana user for driving under the influence (“DUI”) pursuant to Arizona Revised Statutes (“A.R.S.”) section 28-1381(A)(3), which criminalizes driving while there is any prohibited drug or its metabolite in a person’s body. . . . we conclude that the AMMA does not give an authorized medical marijuana user immunity from prosecution.”