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Medical Marijuana and DUIs

Interviewer: How is medical marijuana treated when it comes to DUIs?

Medical Marijuana Is Viewed as Is Any Other Illegal Drug

Brian: I think the standing of the law right now, medical marijuana, despite having been passed by the citizens of Arizona and the proposition, is still treated on par with driving under the influence of an illegal substance.  It is still treated on par with cocaine or any other type of drug.

Unfortunately, it’s due to in some ways the improper wording of the propositions.  If taken in as a whole it should be treated the same as any other medication. But marijuana being a controlled substance, marijuana technically still being illegal at the federal level, it’s difficult to find where example medical marijuana falls as far as impairment goes.  And as far as DUI prosecutions go.

Who Can Access Your Medical Records Once You Are Charged with a Drug-Related DUI?

Interviewer: Once someone has been charged with medical DUI, who has access to that person’s medical records?

Brian: In Arizona, I believe when someone is gets a medical marijuana license I’ll call it, they are required to have it on them at all times.  Usually they are able to provide their documentation that they: have been recommended the medical marijuana and that they are able to use it and on occasion, they are able to cultivate it themselves.

Most DUI Misdemeanors Do Not Require Subsequent Drug Tests

Interviewer: When someone’s put on probation and it’s due to a medical DUI, are there any specific drug tests that that person has to undergo or will they have to stop taking that medication?

Brian: Most people who are dealing with DUIs as misdemeanors are not going to be put on any form of probation that requires them to do any sort of drug or alcohol testing.  When we’re dealing with misdemeanor DUIs, the courts are either not going to impose probation at all or they are not going to have any sort of alcohol or drug testing as a condition of the probation. The probation is basically “be good and pay off your fines and fees and do your counseling and go to jail.”

Felony Convictions Usually Includes Drug or Alcohol Monitoring as a Condition of Probation

When we’re talking about felonies, when someone is placed on probation, usually it is going to be either unsupervised probation with compliance monitoring or supervised probation.  The supervised probation will usually include some sort of alcohol or drug monitoring.

Usually the way the probation works is any type of medications that you are lawfully prescribed and from what I hear, even medical marijuana, will be allowed to be used and utilized while on probation without punishment for a possible probation violation.

By Brian Douglas Sloan

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AZ DUI Defense Lawyer Brian Douglas Sloan
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