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DUI/DWI and Legalized Marijuana


Nearly half of the states in America have now legalized medical marijuana. Arizona is one of those 23 states whose legislators have passed laws allowing the drug’s use for medical purposes. While there are several conditions one must meet to be considered a medical marijuana patient and a lengthy process for obtaining a medical marijuana card, this recent development sparks new questions about Arizona DUI law. DUI laws in Arizona are notoriously strict and the number of DUI arrests in Arizona is at an all-time high. Will the number of DUI charges be affected by the legalization of marijuana and how will the judicial system respond? Mesa DUI defense attorney Charlie Naegle has experience defending cases from mild delinquencies to extreme felony charges. As history is in the making over the hot topic issues of today, Mesa DUI defense attorney Charlie Naegle is prepared to defend the accused and ensure their rights are protected, no matter what the circumstance.

For many obvious reasons, the legalization of medical marijuana comes with significant regulations and stipulations to ensure the freedom is not abused. For instance, a person must be diagnosed with one of the following ailments to qualify for medical marijuana patient status:

  • Cancer or Glaucoma
  • Glaucoma
  • Crohn’s Disease
  • Alzheimers Disease
  • ALS
  • Hepatitis C
  • A chronic condition or disease (or the treatment for one) that causes symptoms such as severe nausea, chronic pain, PTSD, etc.

To receive a medical marijuana card, a person must first be diagnosed with any of these conditions (as well as meet some age and residency restrictions), then get the approval and signature from a medical marijuana doctor.

Medical Marijuana and Prescription Drugs

Medical marijuana is a prescription drug and will most likely be treated as such when it comes to DUI cases. Let’s say you were prescribed pills that had a warning label advising you not to drive while taking the medication. If a police officer pulled you over for disobeying traffic laws or driving erratically, you may be subject to take a breath, blood, or urine test to ensure you were not driving under the influence or while intoxicated. Refusing these chemical tests is grounds for arrest in Arizona. If the officer found prescription or non-prescription drugs in your system, you would most likely be arrested for DUI or DWI.

Will medical marijuana follow the same guideline? Showing your Medical Marijuana card to an officer who finds marijuana in your system will most likely not release you from the DUI charges. Only an experienced Mesa DUI defense attorney with experience in Arizona criminal defense law can help to defend your rights and help lessen your sentence.

Working with Mesa DUI Defense Attorney

Charlie Naegle is committed to working with you personally to help you get your life back on track after a criminal charge or DUI arrest. He has always been committed to protecting your freedoms and works hard to defend you when you need it most. TO set up an initial consultation with a Mesa DUI defense attorney you can trust, contact Naegle & Crider Criminal Defense Attorneys today.

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