In 2010, Arizona citizens voted to legalize medical marijuana in the state. Over the course of the last decade, new legislature has been put in place to protect the rights of medical marijuana patients, their caregivers, and distributors throughout the state. But what does this mean for the 200,000+ individuals throughout the state who are legal cardholders, and how might Arizona marijuana laws continue to develop in the future?

Medical Marijuana and the Arizona Law

Arizona is one of 33 states in America with a medical marijuana program. In order to qualify for a medical marijuana card, you must have one or more qualifying conditions and be at least 18 years of age. You also need to have a valid form of identification and be a resident of the state. If an individual qualifies for a medical marijuana card, they must register with the Arizona Department of Health Services and pay all relating fees.

Eligible patients are able to purchase up to 2.5 ounces every two weeks and can be found in possession of up to 2.5 ounces at any given time.

In 2019, there were nearly 200,000 qualifying cardholders throughout the state – and this number continues to rise. Arizona medical marijuana cardholders have the right to purchase, possess and consume marijuana (within the aforementioned legal limits).

Despite this rising population of cardholders, marijuana continues to be one of the drugs listed as “included” in Arizona DUI violations. This inclusion is not limited to simply being in possession of the drug or being found intoxicated at the time of the arrest, it also includes what is known as “metabolite.” This term refers to whatever amount of marijuana is leftover in the human body as it breaks down. (These remnants can primarily be found in the liver.)

Medical Marijuana and Drugged Driving

In the state of Arizona, operating a vehicle while impaired (regardless of the source – alcohol or drugs) is illegal. If an individual is pulled over under the suspicion of driving while under the influence of marijuana (or another drug), a chemical test can be requested by the police. Anyone who does not comply with this test can face up to a one-year license suspension; regardless of the number of offenses they’ve committed. This is due to the fact that, in the eyes of the Arizona law, drivers consent to these tests the moment they get behind the wheel of a car.

However, proving impairment can be a somewhat tricky task. Many states use the 0.08 blood-alcohol level reading to determine impairment from alcohol; however, there are not currently mobile devices (like the breathalyzer for testing alcohol) with which to test intoxication due to drugs. At present, there are two methods with which this process is conducted: “per se” charges, which rely on chemical tests to determine if there is marijuana or another kind of drug in the system of the driver in question, or by charging the driver with an “impaired DUI,” meaning that the driver displayed signs of being intoxicated. Depending on the circumstances, some drivers can argue that they were not under the influence of drugs by providing other causes for the observed symptoms.

But what happens if a medical marijuana card holder is tested and returns a positive result? What options do they have?

That’s where affirmative defense comes in.

Affirmative Defense (AMMA) in Arizona

In 2015, the Arizona Supreme Court set forth what is now known as the “affirmative defense,” or AMMA. The court concluded that citizens in Arizona who were in possession of a legal medical marijuana card had a new, workable defense with which to protect themselves from DUI charges. This is not to say that individuals who have medical marijuana cards are exempt from DUI laws, but rather, that they now have a much more stable foundation from which to argue the context of their situation at the time of being pulled over.

If someone is pulled over under the suspicion of drugged driving and traces of marijuana are found in their system, BUT this person has a medical marijuana card, there is now legal precedent for this person to argue that there was not enough marijuana (or metabolite) in their system to cause impairment.

Are Tourists Subject to Arizona’s Marijuana Laws?

Yes. Tourists are neither immune to nor protected from Arizona’s drug laws. If a tourist is found driving under the influence of marijuana, they can be charged with a DUI. However, there are reciprocity laws in existence which allow for some flexibility of these laws.

In order for these reciprocity laws to apply to the driver in question, three things must be true: the driver has been residing in Arizona for less than thirty days, the driver has a diagnosed condition that is recognized by Arizona’s marijuana program, and the driver has a legal medical marijuana card (or some equivalent form of identification) from their home state.

Much like the affirmative defense, a tourist with a legal medical marijuana card can argue their circumstances for why metabolite may have been found in their system at the time of their arrest.

The 2020 Election and the Future of Arizona Marijuana Laws

In 2016, citizens of Arizona rejected a bill that would legalize recreational marijuana in the state. Four years later, and this legislation is making its way on the ballot in November 2020 as Proposition 207.

What does this mean for current medical marijuana card holders? If the legislation passes with a popular vote, marijuana laws in the state are going to have to shift again, and rather quickly. In fact, the Arizona Department of Health Services will need to do establish new regulations for recreational marijuana by April of 2021.

Medical marijuana dispensaries will be able to begin selling recreational marijuana in early 2021. Later in the year, beginning in July 2021, individuals who have committed crimes of possessing amounts equal to or less than the legal amount of possession (as outlined by Proposition 207), will be able to petition for the expungement of their legal record.

However, even if this Proposition is passed, Arizona would remain a zero-tolerance state, meaning that driving or otherwise operating a motorized vehicle while intoxicated is an illegal offense.

Do You Need a Lawyer?

If you have a medical marijuana card and you’ve been arrested for a DUI, you need to reach out to an experienced Arizona DUI lawyer. A lawyer who specializes in DUI law will be able to provide you with the guidance and legal advice you need to build a proper defense.

If you need help finding a DUI or DWI lawyer in Arizona, directories like Justia, Avvo, and FindLaw can help you narrow down your search to the most qualified candidates. Do your due diligence and search for someone knowledgeable about the subject and don’t be afraid to ask questions.