The Arizona Court of Appeals ruled today that merely having marijuana in a driver’s system is insufficient for the state to suspend their license.
The court dismissed arguments from the Motor Vehicle Division (MVD) that a blood test showing marijuana metabolites constituted sufficient evidence of being “under the influence.”
Appellate Judge Andrew Jacobs, writing for the unanimous court, clarified that when voters legalized recreational marijuana in 2020, Arizona law specified that penalties could only be imposed if the state demonstrated the driver was “impaired to even the slightest degree by marijuana.” He stated, “But that was not the case here. Instead, the state claims it can suspend Kirsten’s privilege of driving for his prior use of marijuana, as evidenced by metabolites of cannabis in his blood, without any impairment.”
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