Articles Posted in Medical Marijuana

Earlier this year, a state appellate court issued an opinion in an Arizona DUI case discussing the defendant’s claim that the court improperly prevented him from presenting his medical marijuana card to the jury. Because the prosecution withdrew the charge of driving under the influence of drugs, and proceeded only with the DUI-alcohol charge, the court determined that defendant’s medical marijuana card was irrelevant. As a result of the court’s opinion, the defendant’s DUI conviction was upheld.

The Facts of the Case

According to the court’s opinion, the defendant was allegedly driving erratically when he slammed into the rear of another vehicle. After the accident, the defendant pulled over to the side of the road and slumped over the wheel. Responding officers believed the defendant to be under the influence of alcohol, a finding that was confirmed after the defendant’s blood indicated the presence of alcohol and marijuana.

Initially, the defendant was charged with various crimes, including two counts of DUI. The first count was based on driving while under the influence of alcohol, and the second for driving under the influence of marijuana. Before trial, the prosecution withdrew the charge pertaining to the defendant’s marijuana use and asked the court to preclude the defendant from presenting his Arizona Medical Marijuana Act card (AMMA card).

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Earlier this month, a state appellate court issued an opinion in an Arizona DUI case affirming the defendant’s conviction. The case involved the defendant’s challenge to the sufficiency of the evidence presented by the prosecution and used by the jury to convict him. Ultimately, the court concluded that the evidence was sufficient, and the court affirmed the defendant’s conviction.

The Facts of the Case

According to the court’s opinion, a police officer noticed that the defendant’s car had a burnt-out headlight and a crooked license plate. The officer pulled the defendant over and, upon approaching the car, noticed that the defendant had bloodshot, watery eyes, groggy speech, and seemed lethargic. When asked for his driver’s license, the defendant provided the officer with an Arizona ID card. At this point, the officer noticed that the defendant had a medical marijuana card.

The officer asked the defendant if there was marijuana in the car, and the defendant indicated there was. According to the officer, the defendant admitted to smoking marijuana earlier that day. The defendant agreed to perform field sobriety tests, but expressed concern that the bullet in his hip could impact his ability to perform the tests. After the trooper determined that the defendant exhibited signs of impairment while performing the tests, the officer arrested the defendant for driving under the influence of marijuana.

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