During the 2020 election, Arizona voters passed Proposition 207 to legalize marijuana across the state. Before Prop 207 was passed, Arizona was considered one of the states with the harshest marijuana laws. Now that marijuana is legal, you might be wondering how marijuana DUI cases will be prosecuted, and if Prop 207 will help cases. Our Phoenix DUI defense laws explain more about the changes occurring in Arizona after the pass of Prop 207.
If you face DUI charges, contact our Phoenix DUI defense attorneys today at (602) 842-6762. You only have 15 days to save your driver’s license!
Prop 207 & Marijuana DUI
Before the 2020 election, anyone without a medical marijuana card would face serious consequences if they were found driving under the influence of marijuana. However, now that Prop 207 has passed, things could be a bit different. Although it is still illegal to drive while under the influence of marijuana, the legislature may enact a law that puts a threshold on the active metabolites allowed in the bloodstream. This would essentially be the same as a blood-alcohol-concentration limit.
Unfortunately, scientists have continuously struggled to find a definitive biological measurement for marijuana intoxication. So far, scientists have discovered that marijuana impairment levels are different for every individual. Scientific research is still being conducted to find a level of metabolites that make a driver impaired. Without that number, it would be difficult for law enforcement to accurately identify which drivers are and aren’t impaired.
Will I Be Allowed to Transport Marijuana?
Individuals can now possess and transport marijuana throughout Arizona. You can transfer up to one ounce of marijuana (five grams of oil or wax) or six plants to another person if you aren’t doing it as payment for work or services. This means that if you are stopped by law enforcement, you won’t face penalties for possession of marijuana.
I Currently Face Marijuana DUI Penalties. Can I Get My Case Expunged?
Proposition 207 provisions related to prior convictions will take effect on July 12, 2021. If you face convictions for driving under the influence of marijuana, you might be eligible to expunge your case. You may also be eligible if you face charges for possession, consumption, or other related marijuana offenses. If you were already convicted and sentenced for a non-marijuana related offense, and you already served prior marijuana-related convictions, your current sentence could be reduced.
New Marijuana DUI Persecutions
After the legalization of marijuana, many states have adopted the “per-se-DUI” concept, which allows motorists to be convicted if they are found with a certain concentration of drugs in their system (even if scientists haven’t found a definitive level of impairment). For example, Washington’s DUI laws have a provision that prohibits driving with a concentration of five nanograms or more of THC (the primary psychoactive ingredient in marijuana) per milliliter of blood. However, Arizona is still in the development of changing laws with the pass of Prop 207. Although penalties for driving under the influence of marijuana might not be as harsh as they were before, it is still vital to have an experienced attorney represent your case to avoid a conviction.
Phoenix DUI Defense Lawyers
If you face DUI charges for driving under the influence of marijuana or alcohol, our team at Suzuki Law Offices, L.L.C. is here to help you. Arizona laws are not lenient toward drivers convicted of DUI. A person who commits DUI will not only have to face penalties with the Arizona Motor Vehicle Division, but also will face criminal charges. An experienced attorney can analyze your case and help you reduce or even dismiss your charges. We have the knowledge, skills, and experience needed to help you get the best possible outcome.
Contact our Phoenix DUI defense attorneys today at (602) 842-6762 to schedule a case review!