Arizona can’t suspend someone’s driver’s license because they have THC in their bloodstream unless they are actually impaired while behind the wheel, the state Court of Appeals ruled, upholding a provision in a marijuana legalization law that voters passed in 2020.
Problem is, we don’t have a real good, standardized way to test how impaired someone is on Marijuana like we do for alcohol. There’s the field sobriety test, but marijuana is going to present differently for a test that’s designed to test alcohol usage. At least for alcohol there’s a baseline blood alcohol level that we can use, and is easily tested via breath.
Huh look at that. The State trying to ignore a law because they want to prove they are doing something and have an older law they can use. But defying the direct will of the voters with a newer law that should take precedent, not only because it was newer, but because it was voter approved, unlike the old one. Unlike most laws, this was put forward by voter initiative and voted on directly to be implemented with that wording. With that caveat, of it contradicts an older established law, it should overrule the old one.
In addition, because the State chose to try to force this issue instead of just going after the alcohol DUI better, a DUI driver was effectively let go without punishment.
