Arizona marijuana initiative wording complicates DUI prosecutions
A single paragraph 13 pages into the Regulation and Taxation of Marijuana Act, also known as Arizona's Prop 205, may create an insurmountable obstacle to prosecutors who are trying to convict people of driving under the influence of marijuana.
"This provision protects marijuana-using drivers unlike any other substance-using drivers within the state of Arizona," said Bill Montgomery, who is the Maricopa County Attorney and a vocal opponent of the initiative.
The voter initiative is set to appear on November's ballot and would legalize recreational marijuana if passed. But it is raising real concerns in the law enforcement community. The main problem is that states that have legalized recreational marijuana have seen the number of marijuana-impaired drivers rise substantially. But the Arizona initiative takes away one of the main tools used to prosecute these cases.
The initiative is 19 pages long. Page one contains a line, which reads, "Driving while impaired with...
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