Americans United for Separation of Church and State

Greater Phoenix Chapter

Old Home Home Contact Us Upcoming
Church State Issues Report Church State Violations Join
Email List
Email List
Membership Donations Request
Facebook Meetup Links Send Letter to Editor


Church State Issues

Arizona Supreme Court: Pot metabolite doesn't prove DUI

Apr 22, 2014

Arizona Republic

It's nice to see that the tyrannical police and prosecutors have been slapped in the face twice in a row for inventing bogus laws to arrest Arizona Medical Marijuana patients for.

About 3 weeks ago an Arizona appeals courts ruled that the state of Arizona could not arrest medical marijuana uses for using concentrated forms of marijuana such as hashish and hash oil.

One of the plaintiffs in that case was 5 year old Zander Welton, whom was told by Will Humble and Bill Montgomery that his parents could not give him medical marijuana in the form of hash oil placed under his tongue.

Arizona Health Services Director Will Humble and Maricopa County Attorney Bill Montgomery said that Zander Welton's parents would be arrested and thrown in prison if they continued to give Zander Welton the medical marijuana that prevents his seizures.

Arizona Health Services Director Will Humble and Maricopa County Attorney Bill Montgomery also said that CPS or Child Protective Services would take Zander Welton away from his parents and place him in a foster home if they continue to give him the medical marijuana he needs in the form of hash oil.

Arizona high court: Pot metabolite doesn't prove DUI

Yvonne Wingett Sanchez, The Republic | 11:07 a.m. MST April 22, 2014

The state's high court ruled Tuesday that motorists with marijuana metabolites in their system cannot be charged with DUI on that basis alone, indicating the court was unconvinced the mere presence of the metabolite proves impairment.

Valley prosecutors had argued any trace of marijuana in a driver's blood provided enough evidence to charge the motorist with driving under the influence of drugs and that a card authorizing use of medical marijuana is no defense from such charges.

Advocates of medical marijuana, approved by voters in 2010, argued marijuana in the bloodstream is not grounds for charging drivers who are allowed to use the drug since traces of metabolites can remain for weeks after usage.

The ruling affects those who illegally use the drug as well as the estimated 40,000 medical marijuana cardholders who are legally allowed to ingest pot to treat ailments ranging form chronic pain to glaucoma.

The ruling stems from a case in which the state, at the justice court level, attempted to prosecute a driver who had Carboxy-THC — a metabolite of marijuana — in his system after he was given a traffic citation. A judge threw out the DUI charge.

The Court of Appeals then ruled the law "must be interpreted broadly." The case later advanced to the Arizona Supreme Court, which concluded the interpretation that metabolite includes any byproduct of cannabis "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," the Supreme Court's ruling said. "For example, at oral argument the State acknowledged that, under its reading of the statute, if a metabolite could be detected five years after ingesting a proscribed drug, a driver who tested positive for trace elements of a non-impairing substance could be prosecuted." [Sadly moron's like Will Humble and Bill Montgomery who believe this rubbish are allowed to continue to hold their government jobs where they can terrorize medical marijuana users]

Additionally, the court wrote, "this interpretation would criminalize otherwise legal conduct."

The Arizona Supreme Court ruling