The Arizona Medical Marijuana Act (AMMA) allows certain patients to use and possess marijuana. So, Medical Marijuana Defense can help defeat some Marijuana DUI charges.
Medical Marijuana Defenses to Impairment Charge
Medical Marijuana is not an affirmative defense for the impairment charge. However, you may still argue impairment to the jury.
Medical Marijuana Defenses to Illegal Drug in the Body Charge
Medical Marijuana is an affirmative defense for Illegal Drug in the Body Charge. So, under the Medical Marijuana Affirmative Defense, you may have therapeutic levels of marijuana in your system. But, therapeutic levels can vary by person. They are usually established by an expert witness.