Drivers Cannot Be Penalized For Cannabis Use If They’re Not Impaired, Arizona Court Rules
A three-judge panel in Arizona ruled recently that driving after consuming marijuana cannot be penalized if the driver is not impaired.
The move effectively overruled previous decisions by an administrative law judge whose reasoning was upheld by the Maricopa County Superior Court subsequently, reported the Arizona Mirror.
What Happened
After being pulled over by a police officer for speeding in October 2022, Aaron Kirsten, who did not want to take a field sobriety test, blew a 0.083 after doing a breathalyzer test – slightly above the state limit.
He was later subjected to a blood test while in custody with results showing blood alcohol content of 0.063, below 0.08 maximum, according to the Department of Public Safety’s (DPS) analysis.
However, when the DPS tested Kirsten’s blood for drugs, the analysis identified tetrahydrocannabinol metabolites – cannabis – in the sample which led to the Arizona Department of Transportation (ADOT) suspending his license …