Arizona allows use of medical marijuana, and as such, an unintended consequence is that there are Arizona motorists driving with marijuana in their system.
Recently an Arizona supreme court ruling overturned a state Court of Appeals decision last year that upheld the right of authorities to prosecute pot smokers for DUI even when there is no evidence of impairment.
As of today, Authorities can not prosecute Arizona motorists for driving under the influence of marijuana unless the person is impaired at the time of the traffic stop.
Apparently there are two chemical compounds in marijuana that show up in blood and urine tests; one of which causes impairment and one that doesn't but stays in a pot user's system for weeks.
Prosecutors had warned that anyone in Arizona who used medical marijuana should not drive or they would risk DUI charges. Proponents of marijuana claimed that this interpretation of the law criminalized their legal use of the drug after voters approved it in 2010.
The Arizona state Supreme Court’s opinion states that the presence of a non-psychoactive compound does not constitute impairment under the law.
Under current Florida Law, the presence of metabolites of marijuana in the blood or urine can be used as evidence of impairment in a DUI prosecution. However if Florida passes the law allowing medical marijuana, it seems that it would follow that Florida drivers would no longer be prosecuted for driving while under the influence of marijuana.
Hence another reason to vote NO on the question of medical marijuana.
For more information or a free consultation on your legal issue contact Scott and Fenderson PLLC, your injury law and family law attorneys, at 727-321-0099. http://www.scottandfenderson.com