Dobson v. Hon. Crane McClennenAnnotate this Case
Petitioners were each charged with two counts of driving under the influence (DUI). Count two alleged a violation of Ariz. Rev. Stat. 28-1381(A)(3), which prohibits driving a vehicle while there is cannabis (marijuana) or its metabolite in the defendant’s body. Both petitioners were medical marijuana cardholders. Petitioners were each convicted. At issue on appeal was whether the Arizona Medical Marijuana Act (AMMA) immunizes a medical marijuana cardholder from DUI prosecution under section 28-1381(A)(3). The Supreme Court affirmed Petitioners’ conviction, holding (1) the AMMA does not shield a medical marijuana cardholder from prosecution under section 28-1381(A)(3); but (2) the AMMA does but does afford an affirmative defense for those patients who can show that the marijuana or its metabolite was in a concentration insufficient to cause impairment.