Medical Marijuana DUI

I’ve had many clients contact me and inform me that they were pulled over and cited for a DUI when they were not under the influence of any drugs or alcohol; they were simply traveling through Utah from a place in which marijuana was legal and they had a valid medical marijuana card from their doctor.

Although the current Utah code does not have a provision protecting these individuals from being charged with DUI (see Utah code 41–6a–517), there are sound legal arguments that I have successfully made in various courts throughout the state under both the Equal Protection clause of the Utah and the United States Constitution’s that have  helped these individuals that have valid medical marijuana prescriptions in other states and simply travel through Utah in route to another destination state.

I have also successfully  argued that under the Full Faith and Credit clause of the United States Constitution that one state must give deference to another state’s laws.   In other words, if one state has a law that does not prohibit marijuana use under certain circumstances and the person has lawfully used that marijuana as per doctor’s orders, then that person should not be discriminated against solely on the basis of having that prescribed drug in their system, especially when that drug is legal in their home state and especially when it has not intoxicated or impaired that person to the point they cannot safely operate their vehicle.

If you have been charged wit a drug DUI in the Salt Lake City area, or anywhere in Utah, give me a call to discuss how to mount an effective defense.

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