Arizona High Court Rules that Inactive THC in Driver’s Blood Doesn’t Prove DUI

As reported by the Arizona Star last week, the Arizona Supreme Court has ruled that motorists whose blood contains only a small amount of a secondary marijuana metabolite, Carboxy-THC, may not be presumed to be driving while impaired because medical evidence establishes that the metabolite in question does not indicate that someone is impaired.Traces of Carboxy-THC can remain in a person’s bloodstream as long as 30 days after using marijuana.

Colorado’s DUI-D law, by contrast, creates a “permissive” presumption of impairment when a motorist tests positive for small amounts of Delta-9-THC, the “psychoactive” ingredient in marijuana.  While there is plenty of controversy about how long Delta-9 THC can remains in a person’s system and what its real effects are in any given case, it tends to dissipate far faster than Carboxy-THC.

Still, the Arizona case is encouraging in that the courts are at least paying attention to the science underlying marijuana regulation.

My Denver DUI Lawyer

© Tiftickjian Law Firm, P.C. All Rights Reserved.
600 S. Cherry St. #1105, Denver, CO 80246
(303) 991-5896
This website is adverting.
Sitemap • MDDL v2.0GD

This site is presented by Tiftickjian Law Firm, P.C. No legal advise or counsel is contained in any of this site’s content. If you require legal assistance, you should contact an experienced Denver DUI attorney.