Proposition 207 has passed in Arizona with similar propositions passing in New Jersey, Montana, South Dakota, and Mississippi. These five states join the ranks of ten others that have officially legalized recreational marijuana in their states. In fact, all but six U.S. states have some sort of marijuana legislation, from medical marijuana programs to the decriminalization of marijuana possession.

But what does the passing of Proposition 207 mean for those who have already been charged with a DUI due to drugged driving? To understand this, we need to first take a look at the current status of drugged driving laws in the U.S., in the state of Arizona, and how these may be susceptible to change in the upcoming months and years.

Drugged Driving Laws in the United States

Regardless of where you live in the United States, drugged driving is illegal. Period.

Even if you live in a state where medical marijuana or recreational marijuana have been legalized (as it now has in the state of Arizona), this does not exempt citizens of that state when it comes to repercussions for drugged driving. Bottom line: operating a vehicle while under the influence of drugs is a crime.

What can differ depending on your state is exactly when and how you are charged with Driving Under the Influence of Drugs (referred to as a DUID). In some states – like Arizona – driving with any amount of THC in your system whatsoever is considered illegal. In other states, the charges brought against you depend on the amount of THC in your system at the time of your arrest.

Just like with a DUI due to alcohol, a DUID charge can have severe penalties. The consequences of a DUID depend on a number of factors, such as the state you live in. These penalties can range anywhere from 10 days to seven years in prison and include mandatory alcohol and drug rehabilitation, mandatory community service, a one (or more) year license suspension, and fines amounting to a maximum of $150,000.

What You Can Expect If You’re Pulled Over for Drugged Driving in Arizona

Arizona state law says that anyone who is pulled over and suspected of drugged driving is subject to a field sobriety or chemical test. According to the law, you consent to these tests the moment you get behind the wheel of your vehicle, and refusing to take these tests can result in a one-year suspension of your license; even if you’ve never been charged with a DUI before.

For young people under the age of 21, Arizona also has a zero-tolerance policy for intoxication. Should someone 20 years old or younger be found to have drugs in their system – regardless of the amount – they can be arrested and charged with underage intoxication.

It is important to point out that driving while under the influence of drugs is often more difficult to detect than driving under the influence of alcohol because, unlike a breathalyzer which can be used to determine the amount of alcohol in a person’s bloodstream, a mobile too does not currently exist l for testing the amount of drugs or THC in an individual’s system. Instead, chemical tests must be conducted, but these aren’t always the most efficient way to determine the level of intoxication at the time of the arrest.

Is Drugged Driving On the Rise in Arizona?

Like in other parts of the United States, drugged driving is indeed on the rise in Arizona. While it is still not as prevalent as drunk driving, the percentage of drugged driving accidents has significantly increased in recent years. The amount of fatal crashes in 2015 due to drugged driving actually surpassed the number of fatal accidents in which alcohol was involved.

A significant number of officers on Arizona’s police force are considered “Drug-Recognition Experts.” This means that the officers are trained to identify signs of drug use and intoxication. Despite this – as previously mentioned – a tool does not currently exist to assist officers in assessing an individual’s sobriety. Even without a tool like this in place, Arizona has a zero-tolerance policy for driving while under the influence of drugs. A positive test, regardless of how high the percentage of THC or other drug-related substance, is a punishable offense.

Arizona, Medical Marijuana, and Drugged Driving

As previously asserted, operating a vehicle while impaired (regardless of the source – alcohol or drugs) is illegal in Arizona. At present, there are two methods with which a driver can persecuted for drugged driving: “per se” charges, which rely on chemical tests to determine if there is marijuana, THC, or another kind of drug in the system of the driver in question, or by charging the driver with an “impaired DUI.” This means that the driver displayed signs of being intoxicated (e.g. red eyes).

Depending on the circumstances, some drivers can argue that they were not under the influence of drugs by providing other legitimate causes for the observed symptoms. But what happens if a medical marijuana card holder is tested and returns a positive result? You may be able to argue the affirmative defense.

What is the Affirmative Defense and How Might It Apply to You?

In 2015, the Arizona Supreme Court established what is known as the “affirmative defense,” or AMMA. The Supreme Court concluded that citizens in Arizona who are in possession of a legal medical marijuana card had a new defense with which to protect themselves from DUI charges. This does not mean that individuals who have medical marijuana cards are exempt from DUI or drugged driving laws in Arizona. Rather, marijuana card holders now have a much more stable foundation from which to argue their situation after being pulled over.

If someone with a valid medical marijuana card is suspected of drugged driving, gets pulled over, and is found to have traces of marijuana in their system, there is now legal precedent for this individual to argue that there is not enough marijuana or metabolite – what marijuana remains in your system as it breaks down – in their system to cause impairment.

How Proposition 207 Might Affect DUI Laws in Arizona

As it stands, it’s difficult to predict exactly how the approval of Proposition 207 might influence DUI laws in Arizona, but legal professionals all seem to agree on one thing: it will.

Here’s what we do know:

For those who have already been convicted of marijuana-related crimes (such as possession), Proposition 207 states that anyone who has been charged, convicted, or even sentenced for possessing up to 2.5 ounces of marijuana, up to 12.5 grams of concentrate, or having six or fewer marijuana plants can petition the court system to have their record expunged. This process can begin on July 12, 2021. This does not, however, currently acknowledge or include those who have been charged with a DUI due to drugged driving.

The next several months will be crucial as Arizona and the five other states who have legalized recreational marijuana begin to address the need for new, evolved legislation when it comes to DUIs and marijuana. As it stands at the moment, it is difficult to say whether or not Proposition 207 will have any effect on those currently undergoing prosecution for drugged driving charges (due to marijuana).

While this process can be difficult – if not downright impossible – to predict, our team of experienced lawyers is more than happy to answer any questions you might have about the current state of Arizona’s laws regarding marijuana, drugged driving, and DUIs.