DUI with marijuana in your system – City of Tucson

Authorities can still arrest, detain, and charge you with a crime for driving under the influence of marijuana. While medical and recreational use marijuana is legal in Arizona, users of marijuana are required to stay within the constraints of the law permitting its use. You will face criminal charges if you are stopped by the Tucson Police Department and show signs and symptoms consistent with the impairment of marijuana, even though the driver has a valid medical marijuana card. A medical marijuana card provides a “defense” to DUI charges; however, it is not a foolproof defense. Typically, authorities will charge ARS 28-1381(A)(1) driving while impaired to the slightest degree, and ARS 28-1383(A)(3) driving with a drug metabolite in your system.

  • Driving while impaired to the slightest degree can be charged, and if proven in front of a jury, can result in a DUI conviction notwithstanding the presence of a valid medical marijuana card.
  • Driving with a drug metabolite in your system (Hydroxy – THC) can also be charged; however, a valid medical marijuana card does provide a broad defense making it exceedingly difficult for the city prosecutor to attain a conviction.

Tucson Marijuana DUI Defense Attorneys at Rosenstein Law Group

The attorneys at the Rosenstein Law Group can assist you in fighting DUI charges in the Tucson Municipal Court, including if you are a medical marijuana cardholder. Our experienced attorneys have negotiated, and defended clients charged by the Tucson City Prosecutor for driving under the influence of a drug metabolite. Our attorneys have defended clients in trials against marijuana DUI charges; therefore, we have experience with the state’s tactics and know-how to respond. We have a range of expert witnesses to utilize when necessary to help extricate our clients from the criminal justice system with the best possible results. There is no reason to delay; the best defense starts early. Call today for a free consultation with an attorney at the Rosenstein Law Group and begin feeling better by understanding the multitude of questions swirling in your mind. Call (480) 248-7666 today or visit us online for answers.