NCDD Blog

Posted on June 20, 2019 in Marijuana

As is often the case in our respective lives, there is good news, and there is bad news. Such is the current state of affairs in the Arizona appellate courts with a couple of their most recent interpretations of the Arizona Medical Marijuana Act ("the AMMA") and how it applies in the DUI context, and in determining what is, and what is not "marijuana" (as opposed to "cannabis.")

The Good News – State v. Kemmish

First, let's start off with the good news. In late 2015, I had a jury Trial in largely rural Mohave County, Arizona, where my client was accused of misdemeanor DUI, and the State's allegation was that my client had been driving while under the influence of marijuana. My client had, in his possession, a physician's recommendation letter obtained pursuant to California's medical marijuana statute, at the time he was contacted by the law enforcement officer during the traffic stop.

Posted on April 07, 2018 in Marijuana

Due to the rise in the use of marijuana all over the country, including the state of Michigan, police are now being trained to investigate driving under the influence of marijuana and other drugs. It is the new craze in law enforcement but, because it is not as easy to detect and

identify as alcohol, false arrests and prosecutions are much more common. Law enforcement incorrectly believes that identifying persons intoxicated from drugs is the same as alcohol. They are completely wrong.

Marijuana is a schedule one controlled substance and so it ecstasy and MDMA. Michigan law prohibits a person to operate a motor vehicle with any amount of a schedule one controlled substance in their body. It is referred to as a zero tolerance law. That means if a blood test reveals the presence in any amount of an active amount of any schedule one drug in a driver he is guilty of operating under the influence of drugs (OUID). There is a zero tolerance for any active amount contained in a person's body. The penalties are the same as Operating Under the Influence of Alcohol.

Posted on February 05, 2018 in Marijuana

http://duinewsblog.org/2013/03/13/dwidui-marijuana/

This news article demonstrates the fervor of law enforcement to get a DWI/DUI even when there is no evidence. A person may show from a toxicology screen that they may have THC in their system with no evidence of impairment at the time of driving (some of these tests may show positive if the person smoked in the last 6 weeks). Scary stuff.

http://m.usatoday.com/article/news/1979905