Arizona Supreme Court Decision in Montgomery v. Harris strikes down the presence of non-impairing marijuana metabolites as a basis for DUI

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In Montgomery v. Harris, the Arizona Supreme Court established that the presence of non-impairing metabolites like Carboxy-THC found in a person’s blood, alone, does not provide a basis for a DUI arrest. Carboxy-THC is a drug compound of Marijuana that does not cause impairment and can be found in a person’s blood stream for 3-4 weeks after marijuana use. It should not be confused with THC or Tetrahydrocannabinol which has been shown to cause impairment. Unlike THC, the presence of Carboxy-THC in the blood stream is not necessarily indicative of immediate use or impairment.

Basing a DUI on the presence of an inactive or non-impairing compound without any other evidence of impairment, could lead to errant arrests and various miscarries of justice. The Arizona Supreme Court got it right and I applaud the Court for its decision.

As more and more states move towards the legalization of marijuana for medicinal purposes, it is important that our legislatures use precise language in creating new laws on these issues so that a term as general as drug “metabolite” is defined to include only those that can be proven to be linked to impairment.

Arizona Supreme Court Decision in Montgomery v. Harris strikes down the presence of non-impairing marijuana metabolites as a basis for DUI

Posted by

In Montgomery v. Harris, the Arizona Supreme Court established that the presence of non-impairing metabolites like Carboxy-THC found in a person’s blood, alone, does not provide a basis for a DUI arrest. Carboxy-THC is a drug compound of Marijuana that does not cause impairment and can be found in a person’s blood stream for 3-4 weeks after marijuana use. It should not be confused with THC or Tetrahydrocannabinol which has been shown to cause impairment. Unlike THC, the presence of Carboxy-THC in the blood stream is not necessarily indicative of immediate use or impairment.

Basing a DUI on the presence of an inactive or non-impairing compound without any other evidence of impairment, could lead to errant arrests and various miscarries of justice. The Arizona Supreme Court got it right and I applaud the Court for its decision.

As more and more states move towards the legalization of marijuana for medicinal purposes, it is important that our legislatures use precise language in creating new laws on these issues so that a term as general as drug “metabolite” is defined to include only those that can be proven to be linked to impairment.