THE GAYDOS AND CHAD SHOW

Should medical marijuana cards be allowed as a DUI defense?

Jun 4, 2015, 7:11 PM | Updated: 7:11 pm

...

LISTEN: Should medical marijuana cards be allowed as a defense in DUI cases?

Arizona is one of the 23 states in the nation that has legalized medical marijuana use, but how far does that law go?

KTAR News 92.3 FM’s legal analyst Monica Lindstrom spoke with Mac and Gaydos Thursday about whether or not the presence of a medical marijuana card should be used as a defense in court.

The Arizona Supreme Court recently announced they will review an appeals court decision that said drivers found with marijuana in their system can be prosecuted under the law — even if they possess a medical marijuana card.

“I think that we’re going to see the law change to allow (medical marijuana cards) to be (used as a DUI defense),” Lindstrom said. “I don’t think it will happen anytime soon, but down the road we’re going to see that.”

Lindstrom said under Arizona’s DUI laws, drivers can get arrested for driving under the influence with an legal or illegal drug, even if they are impaired to the slightest degree.

“If you have a legal, valid prescription, you can drive with that drug in your system,” she said. “However, if that drug is impairing you, you can still get a DUI.”

THC, the active ingredient in marijuana, can stay in a user’s system for weeks. If a driver is found with it in their body, even if they have not used the drug recently, they still can get a DUI, Lindstrom said.

“It’s not about impairment,” she said. “(Defendants are) saying, ‘Because we have a statute that says you can get arrested and charged and convicted for a DUI with having that drug in your system, if you’re legally entitled to have that drug, as long as it’s not impairing your ability to drive, you should be able to use it as a defense.'”

The county attorney has argued that medical marijuana use is not prescribed by a doctor, like many pain medications would be, but only recommended.

The Gaydos and Chad Show

A photo posted to the Old Station Subs Facebook page in 2014 shows the downtown Phoenix sandwich sh...

Kevin Stone

Phoenix sandwich shop owner still feels weight of fight over Zone homeless encampment

A Phoenix sandwich shop owner is still feeling the weight of a four-year battle after a favorable ruling in the Zone homeless encampment lawsuit.

5 days ago

Gas pump inside vehicle at station...

SuElen Rivera

Have gas prices topped out in Arizona? Experts weighs in

Gas prices are high across Arizona, but some experts believe prices have topped off and more relief could be on the horizon.

5 days ago

...

KTAR Video

Video: Breaking: Court gives Phoenix 45-day deadline to clean up The Zone homeless encampment

Maricopa County Superior Court rules against the city of Phoenix, gives the city 45 days to clean up The Zone encampment. KTAR News host Larry Gaydos and guest host Steve Zinsmeister react to the breaking news. Video: Jeremy Schnell and Felisa Cárdenas/KTAR News

7 days ago

Follow @KTAR923...

KTAR.com

6th grade Mesa elementary school teacher wins Gaydos and Chad’s teacher tribute

Melanie Newton teaches at Marjorie Entz Elementary School in Mesa and like many teachers, she has positively impacted her students.

12 days ago

...

KTAR Video

Video: How does the auto workers strike affect Arizona? Gaydos and Chad discuss

How does the auto workers strike affect Arizona? Gaydos and Chad discuss.  

12 days ago

...

KTAR Video

Video: What do you have to look forward to when you turn 50-years-old? Gaydos gets advice from listeners

Video: Jeremy Schnell and Felisa Cárdenas/KTAR News

19 days ago

Sponsored Articles

Sanderson Ford...

Sanderson Ford

Sanderson Ford congratulates D-backs’ on drive to great first half of 2023

The Arizona Diamondbacks just completed a red-hot first half of the major league season, and Sanderson Ford wants to send its congratulations to the ballclub.

...

Ability360

At Ability360, every day is Independence Day

With 100 different programs and services, more than 1,500 non-medically based home care staff, a world-renowned Sports & Fitness Center and over 15,000 people with disabilities served annually, across all ages and demographics, Ability360 is a nationwide leader in the disability community.

...

DAY & NIGHT AIR CONDITIONING, HEATING AND PLUMBING

Here are the biggest tips to keep your AC bill low this summer

PHOENIX — In Arizona during the summer, having a working air conditioning unit is not just a pleasure, but a necessity. No one wants to walk from their sweltering car just to continue to be hot in their home. As the triple digits hit around the Valley and are here to stay, your AC bill […]

Should medical marijuana cards be allowed as a DUI defense?