In a significant legal victory for marijuana users, a three-judge panel in Arizona has ruled that driving after consuming marijuana cannot be penalized if the driver is not impaired. This decision effectively overturns previous rulings by an administrative law judge and the Maricopa County Superior Court, marking a turning point in the state’s approach to marijuana-related driving offenses.
The case involved Aaron Kirsten, who was pulled over for speeding in October 2022. While his breathalyzer test showed a blood alcohol content slightly above the legal limit, his blood test indicated a level below the limit. However, his blood sample tested positive for THC metabolites, leading to a 90-day license suspension by the Arizona Department of Transportation (ADOT) based on a state law prohibiting driving with any detectable THC metabolites.
Kirsten argued that he had not used marijuana in the 24 hours leading up to his arrest and that any previous effects had worn off. His argument was supported by scientific evidence highlighting the persistence of inactive THC metabolites in the body, long after any impairment has subsided. A recent study by the University of California at Davis found no direct link between THC concentrations and impairment, echoing the opinions of various traffic safety organizations like the National Highway Traffic Safety Administration and the American Automobile Association.
These organizations maintain that current methods for detecting THC can produce false-positive results, as THC can remain in the body for far longer than the typical impairment window. They advocate for more accurate testing methods that directly assess impairment rather than relying on THC detection alone.
The administrative law judge initially upheld ADOT’s decision, deeming Kirsten’s marijuana use irrelevant. However, the Maricopa County Superior Court ultimately sided with Kirsten, citing voter-established laws that prevent the state from punishing drivers who have legally consumed marijuana but are not impaired while driving.
This landmark ruling sets a precedent for Arizona, emphasizing the need for a more nuanced approach to marijuana-related driving offenses. It underscores the importance of focusing on actual impairment rather than solely on THC presence, aligning with the growing scientific consensus on the limitations of THC-based detection methods. This decision could influence other states grappling with similar legal challenges surrounding marijuana use and driving.
