DRIVERS USING MEDICAL POT CAN GET A DUI IF IMPAIRED

It will soon be legal to use marijuana for medical purposes in
Arizona, and that prompted reader Harold Moberly to ask how the new
law could affect driving privileges.

"Anyone given permission by the state of (Arizona) to use medical
marijuana should have their driver's license revoked as I think it is
still illegal to drive under the influence of drugs such as marijuana.
Was there some exemption in the new law that says they also now have
the right to have a driver's license and use pot regularly?" he wrote.

It is illegal to drive under the influence of alcohol or drugs, and a
person who is "impaired to the slightest degree" is subject to arrest,
said Lt. Lew Bentley, Tucson Police Department's traffic division
commander. That doesn't change if they have a prescription or doctor's
permission for the substance that is impairing them, he said.

"It is a violation of the DUI laws to operate a motor vehicle when you
are impaired, whether it be alcohol, marijuana, cocaine, heroin or any
one of several other substances including prescription drugs," he
said. "Even if a person has a prescription for marijuana, it is still
illegal to drive a motor vehicle while under the influence if their
ability to operate it is impaired by the slightest degree. The same
holds true for other prescription drugs."

That said, he's hoping that medical marijuana comes with the same
warnings about not operating a vehicle or other heavy machinery when
using the drug, Bentley said.

Moberly sees it as a preventative measure.

"If they had to forfeit their license, it would sure cut down on the
people with sore fingers that need medical marijuana, and only the
people that really need help would be getting it. It is bad enough
that we are not a whole lot harder on drunk drivers, and now we could
be turning a whole lot more impaired drivers onto our roads," Moberly
wrote.

Bentley responded to that point by saying the state and local
authorities don't revoke licenses just because a person has a
prescription for any other drug, "so I don't believe we could do that
with marijuana prescriptions."

"All we can do is warn them not to drive if they are using the
prescription and educate them about the consequences if they do.
Hopefully, people will recognize that marijuana can severely affect
your judgment, reaction time, reflexes and other skills that are
required to operate a motor vehicle," he said.