Tag : affirmative defense

Arizona Medical Marijuana Card Affirmative Defense to Drug DUI

DUI

Defendants were medical marijuana cardholders convicted of drug DUI for operating a motor vehicle while under the influence of marijuana or its metabolite. Were defendants immune from drug DUI prosecution under the Arizona Medical Marijuana Act? Conviction affirmed on appeal. To learn more, read our discussion about drug DUI in Arizona law and how to […]

Court Erred in Precluding Evidence of DUI Defendant’s Medical Marijuana Card

DUI

Defendant charged with marijuana DUI asserted a medical marijuana affirmative defense in the jury trial, but was erroneously precluded from submitting the medical marijuana card as evidence of his authorized use. The defendant was stopped by police and charged with driving under the influence (DUI). The arresting officer testified that the driver drifted into the […]

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