A ruling by one of the state’s highest courts sets a “high” bar when it comes to suspending licenses for marijuana DUIs.
The ruling by the Arizona Court of Appeals establishes a new standard for handling marijuana DUIs. The court ruled that the state must now prove actual impairment rather than relying solely on the presence of THC metabolites in a driver’s blood to suspend their license.
Previously, detecting THC in a driver’s system was enough to trigger a suspension.
Julie Gunnigle, Legal Director for Arizona NORML, explained that THC metabolites can remain in the bloodstream long after marijuana use, complicating DUI cases.
“They can test positive for those metabolites days or weeks, and in some cases even months after consumption,” Gunnigle said.
She emphasized that this ruling now requires proof of impairment at the time of driving, rather than just evidence of prior use.
“What this case stands for is the idea that just because someone tests positive for THC metabolites in their system, it does not automatically mean their driving privileges get suspended,” she said.