Arizona Court delivers blow to state with verdict that could change the way law is enforced

Phoenix, Arizona: The Arizona Court of Appeals has ruled that the state cannot suspend a driver's license solely based on the presence of THC in a person’s bloodstream unless they are impaired while driving. This ruling supports a provision in the 2020 marijuana legalization law passed by voters.

The pivotal case began in October 2022 when Aaron Kirsten was stopped for speeding in Sedona. The police observed that Kirsten had bloodshot eyes, slurred speech, and was unsteady. Although he refused a field sobriety test, his breathalyzer test showed a blood alcohol content (BAC) of 0.083, just above the legal limit. Kirsten was arrested, and a later blood test revealed a BAC of 0.063, below the legal limit. However, the test also detected THC metabolites, leading the Arizona Department of Transportation (ADOT) to suspend his license for 90 days under a state law prohibiting driving with THC in the system.

During an administrative hearing, Kirsten testified that he had not consumed THC within 24 hours of his arrest and that the effects had worn off. His relative, a nurse, also testified, explaining that THC metabolites can remain in the bloodstream for weeks after use. Despite this, the administrative law judge ruled in favor of ADOT, asserting that proof of impairment was unnecessary.

Kirsten appealed to the Maricopa County Superior Court, which upheld the administrative ruling. However, the appellate court disagreed, emphasizing that the state's actions ignored voter-approved laws that protect drivers who use marijuana legally and are not impaired.