Page 8 May 2013 Active or inactive, THC causes problems Justice Steven Sarkis By Steven Sarkis In early 2011, a seemingly innocuous case came through my court. It was a DUI case involving marijuana. The facts of the case were straightforward and everything seemed pretty standard. Or so I thought. In December of 2010, a Maricopa County Sheriff Deputy stopped a vehicle in the Arcadia-Biltmore precinct for an unsafe lane change and speeding. A short conversation and a few fi eld-sobriety tests later, the individual admitted he had “smoked weed” earlier. The individual then consented to a blood test that revealed trace amounts of the marijuana metabolite THC in his system. The state then charged the defendant with DUI. Pretty standard stuff, nothing unusual. Or so I thought. Prior to any trial in the matter, an evidentiary hearing was held in my court. The purpose of an evidentiary hearing is to look at various preliminary matters and decide if the case has grounds to move forward. During the hearing an expert witness testi fi ed that the THC metabolite found in the defendant’s blood was the inactive type but could remain in the system for up to one month after using marijuana. Based upon this information, the defendant’s attorney requested a dismissal on the basis the statute only allowed for prosecution if an individual has the primary, or active, metabolite in their system. The defendant’s motion to dismiss was granted. Case dismissed. Or so I thought. The prosecutor for the state of Arizona appealed to the Superior Court of Maricopa County. But the Superior Court Commissioner upheld the dismissal. In a detailed 11-page decision, the commissioner noted, “it is conceivable that a defendant could use marijuana in California or Colorado – states which have decriminalized the use of marijuana – drive to Arizona as much as four weeks later, and be cited for driving under the in fl uence – despite there being no impairment – because the carboxy-THC derivative may still be present in the person’s blood.” Valid logic. Dismissal upheld. Case closed. Or so I thought. The prosecutor for the state of Arizona appealed again, this time to the Arizona Court of Appeals. The Arizona Court of Appeals reversed the Superior Court decision and held that someone can be charged with a DUI for merely having evidence of the marijuana metabolite, whether active or inactive, in their system. A scary thought, especially for those with state of Arizona approved medical marijuana cards that allow its use for medical purposes. The decision by the Arizona Court of Appeals noted that, “As an initiative measure proposed and approved by the people of Arizona, the AMMA’s (Arizona Medical Marijuana Act) adoption is immaterial to the determination of legislative intent as it relates to adoption of the DUI statutes.” Or in layman’s terms, even though Arizona voters approved the act, an individual can still be charged with DUI for having inactive THC in their system even if the marijuana was used days, weeks, or even a month earlier. Drive carefully. Steven Sarkis is justice of the peace for Arcadia Biltmore Justice Court. Councilman Sal DiCiccio Domestic violence plan progress By Sal DiCiccio Domestic violence is one of the most widespread and dangerous health and safety challenges in Phoenix today. This would be an epidemic if it were any other issue. Back in December, my colleagues Councilwoman Thelda Williams, Councilman Michael Nowakowski and I brought forward a plan to address this devastating issue. That plan was pulled off the agenda by two council members, had to Continued on page 11 © 2013 Morgan Stanley Smith Barney LLC. Member SIPC. NY CS 7475909 02/13 Conditions change. Perhaps your portfolio should too. It’s now been five years since the beginning of the financial crisis. The investment landscape has evolved. What about your portfolio? The Olson Campbell Diller Group at Morgan Stanley believes in creating a strategy for the long term, but also in having the flexibility and agility to react to an unsettled world. With our experience, knowledge and resources, we can help you manage risk and identify opportunities while delivering the caliber of advice today’s sophisticated investors demand. Now is an ideal time to re-examine your portfolio. For a complimentary review, please call us to arrange a meeting. Olson Campbell Diller Group at Morgan Stanley 14850 N. Scottsdale Road, 6th Floor Scottsdale, AZ 85254 480-922-7800 melissa.campbell@morganstanley.com www.morganstanleyFA.com/olsoncampbelldiller Shawn D. Olson Melissa C. Campbell Kirk W. Diller Managing Director— Managing Director— Senior Vice President Wealth Management Wealth Management Wealth Advisor Wealth Advisor Wealth Advisor