The state Court of Appeals has voided a move by the Arizona Department of Transportation to suspend the driver's license of a man found with the active ingredient for marijuana in his blood.
The case stems from a late-night traffic stop in Sedona in which the driver was suspected of an alcohol-related DUI but not prosecuted. Blood-test results showed the driver’s blood-alcohol content was below the legal limit and he had tetrahydrocannabinol, or THC, in his system.
Transportation officials suspended his license based on state law.
John Trebon, attorney for the driver, said the suspension is bogus because Arizona voters legalized marijuana by passing Proposition 207.
“The mere use of marijuana cannot be a basis for the denial of any right or privilege. And driving is a privilege in Arizona,” said Trebon.
The Arizona Court of Appeals says the state must establish that a driver is impaired before it can punish them for marijuana use.
Transportation officials say they’re reviewing the opinion.
“At some point, the legislature should have a very careful and deliberative process about setting standards for marijuana, or cannabis or THC in the system,” said Trebon.
Lawmakers have done so with drinking and driving. A blood-alcohol-content of 0.08 is considered impaired in Arizona.
