Could CBD and its extracts lead to a DUI charge in Arizona?

In 2019, the Arizona Supreme Court ruled that products made with cannabidiol are legally permitted. While CBD does not generally contain a psychoactive ingredient, some testing kits might detect a trace amount of THC in a person’s system after ingesting a CBD product. Under certain circumstances, law enforcement could still arrest individuals testing positive for marijuana or THC, as reported by KTAR News.

Driving while under the influence of an intoxicating substance or while impaired is a serious issue that Copper State residents using CBD products — in any form — should take seriously. Regardless of whether an individual holds a valid medicinal marijuana card, testing positive for marijuana or any of its extracts may result in a DUI charge.

The recent Arizona Supreme Court Ruling regarding the legal use of CBD products by individuals in possession of a medical marijuana card does not provide immunity from Arizona’s DUI laws. As noted by the Arizona Department of Public Safety’s director in a recent interview, anyone can face DUI charges if there is any amount of a cannabis extract found in his or her system.

Cannabis impairment determinations

Arizona’s DUI laws are some of the toughest in the U.S. The laws reflect the aims of the state legislature to take a no-tolerance approach to combatting impaired driving. Unlike the impairment standards for blood alcohol content, certain substances are difficult to pin down regarding the concentration levels that will cause a driver to be realistically impaired. It is for this reason that the state takes the position that any amount of cannabis or one of its extracts found in a driver’s system may be grounds for a DUI charge.

Defense against a DUI

Drivers charged with a DUI in Arizona have the right to defend themselves. Whether law enforcement pulled over an individual and arrested him or her for driving while under the influence of alcohol, CBD or any other intoxicating substance, the prosecutor must prove the defendant was either impaired or that testing demonstrated the presence of an illegal substance. A thorough review of the defense strategies and arrest circumstances may help in compiling an effective game plan to avoid a conviction.