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Home 🌿 Medical Cannabis News 🌿 Medical marijuana cards should be allowed as defense in DUI cases 🌿Medical marijuana cards should be allowed as defense in DUI cases
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The subscription service is currently unavailable. Please try again later.The Arizona Supreme Court recently agreed to review an appeals court decision that decided drivers who have medical marijuana cards can be prosecuted for driving under the influence if they’re found to have marijuana in their system.
In two cases, defendants who had medical marijuana cards argued they should be able to use their medical marijuana cards as defense like other prescription drugs are used. But, the District One appeals court disagreed.
The court ruled the medical marijuana law doesn’t provide immunity for patients because it’s not prescribed by a doctor, it’s recommended.
But, Scottsdale DUI defense attorney Craig Rosenstein said that decision has created an unfair situation for many of his clients. They are no longer allowed to use their medical marijuana cards as part of their defense when they’re charged with a DUI while having drugs in their system, he said.
“Jurors are not even made aware that the...
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