In 2016, the state of Arizona rejected the legalization of recreational marijuana and this effort is now making its way back onto the ballot in November 2020. How does Arizona’s initial rejection of recreational marijuana affect drugged driving charges in the state and what can citizens expect moving forward with this new vote on the horizon?

To answer this question, we need to first look at the current state of recreational marijuana laws in the United States, the current state of marijuana and drugged driving laws in Arizona, existing issues with identifying and punishing drugged driving infractions and, finally, how rejecting the legalization of recreational marijuana can affect the law.

The Current State of U.S. Drugged Driving Laws

Studies show that driving while under the influence of drugs (marijuana included) can result in slower reaction times and prevent drivers from staying fully attentive while operating a vehicle. Just like drinking and driving, driving while under the influence of drugs is dangerous for everyone on the road.

Let’s get something clear from the start: drugged driving is illegal. Period.

Even if you live in a state where medical marijuana or recreational marijuana have been legalized, this does not provide any sort of exception or exemption when it comes to drugged driving. If you operate a vehicle while under the influence of drugs, that is a crime.

However, what can differ depending on the state you live in is when and how you are charged with a DUID (Driving Under the Influence of Drugs). In some states, driving with any amount of THC in your system is illegal, while in other states, the charges brought against you depend on the amount of THC in your system at the time of your arrest. (See “Drugged Driving in America – Issues with the Process” for more on this.)

Just like with an alcohol-based DUI, DUID charges can have severe penalties.

The penalties of a DUI/DUID depend on a number of factors, including the state you live in, and can range anywhere from 10 days to seven years in prison and include mandatory alcohol and drug treatment or rehabilitation, community service, license suspension, and fines up to $150,000.

Pulled Over for Drugged Driving? What You Can Expect

In the state of Arizona, anyone who is pulled over and suspected of drugged driving is subject to a field sobriety test and/or chemical test. In the eyes of the law, you consent to these tests the moment you get behind the wheel of a vehicle. Refusing to take these tests can result in a one-year suspension of your license; even if it’s your first offense.

Arizona also has a zero-tolerance policy for intoxication under the age of 21. Anyone who is younger than 21 and found to have drugs in their system – regardless of the amount - can be arrested.

Unfortunately, driving while under the influence of drugs is more difficult to detect because, unlike a breathalyzer, which can be used to determine the amount of alcohol in a person’s bloodstream, there is not yet a mobile tool for testing the amount of drugs or THC in an individual’s system. Instead, chemical tests must be conducted, which aren’t always the most efficient way to determine the level of intoxication at the time of the arrest.

Drugged Driving in Arizona

Like in other parts of the country, drugged driving is on the rise in Arizona. While still not as prevalent as drunk driving, the percentage of drugged driving accidents has significantly increased in recent years with the amount of fatal crashes in 2015 surpassing those in which alcohol was involved.

Many of Arizona’s police force are considered “Drug-Recognition Experts,” meaning the officers are specially trained to identify the signs of drug use and intoxication. However, as previously mentioned, a tool does not currently exist to assist officers in assessing an individual’s state of sobriety. Despite this, the state has a zero-tolerance policy for driving while under the influence of drugs. A positive test, regardless of how high the percentage of THC or other drug-related substance, is a punishable offense.

In 2010, Arizona citizens voted to legalize medical marijuana. Six years later, in 2016, the state voted against legalizing recreational marijuana.

Drugged Driving in America – Inconsistencies with the Law

In the United States, the legalization of marijuana – medical or recreational – is something that is determined at the state level. Currently, 33 states (including Arizona) have medical marijuana programs of some kind. 13 states have legalized recreational marijuana. For this reason, drugged driving laws vary on a state-by-state basis.

Of the states with marijuana programs, six have “per-se” limits for THC. This means that individuals can operate a vehicle as long as the amount of THC in their system remains below a specified amount. 11 other states, Arizona included, have zero-tolerance laws for driving under the influence of drugs, regardless of the amount.

Experimental studies as to the effects of marijuana on driving performance and impairment have had mixed results. This is likely due to a number of factors, including the fact that drugs do not affect all people the same way. While a high concentration of THC may cause impairment for one individual, this same amount may have limited to no effect on another. This is due to differences in body chemistry and metabolism (among other elements).

For this reason, it can be difficult to determine what “driving while under the influence of drugs” really means. Many states hesitate to implement new legislation addressing driving while under the influence of drugs until more concrete evidence and modes of testing are available.

Arizona, Recreational Marijuana, and Drugged Driving Charges

So, what is the impact of Arizona’s rejection of recreational marijuana on drugged driving charges?

The short answer: nothing. Regardless of whether or not recreational marijuana is legal in the state, drugged driving certainly is not. Even with medical marijuana programs in place, it is against the law to operate a vehicle while under the influence of drugs. Arizona also continues to be a zero-tolerance state, meaning that driving with any amount of THC in your system is illegal.

The rejection of recreational marijuana hasn’t affected the basic principles that provide the foundation for these laws. Drugged driving is illegal, no matter the level of intoxication. This is unlikely to change, regardless of the legalization of recreational marijuana.

Keep In Mind…

If you are charged with drugged driving – especially if it is not your first offense – make sure to consult with a lawyer. They will be able to answer any questions you might have about the DUID process, potential penalties, and what you can expect moving forward. Stay informed about your options and make educated decisions.