/ Modified oct 21, 2014 4:44 p.m.

Appeals Court: Medical Marijuana Law Doesn't Give DUI Protection

Man had argued legislation was intended to make authorized users immune from prosecution unless driving impaired.

Story by Alexandra Olgin, KJZZ

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The Arizona Court of Appeals has ruled drivers who use medical marijuana can face driving under the influence charges.

A previous court decision said Arizona residents can only be convicted of a DUI if there is an active marijuana metabolite, known as THC, present in the body. As current law stands, it's any amount of THC.

Phoenix attorney Brian Douglas Sloan, who focuses on DUI law, said the problem is that there isn't a threshold amount like there is with alcohol.

“This case has now made it clear that people who are utilizing medical marijuana under the Medical Marijuana Act that simply having the medical marijuana in their system can lead to a conviction while driving," he said.

Sloan said he thinks the ruling will be appealed to the state Supreme Court.

THC can stick around in a person's system for two days.

Colorado, Washington and a few other states have legal limits for the concentration of THC in the blood that constitutes a DUI.

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