medical marijuana

Recently, I was asked to comment on the reasons why your case needs a medical marijuana expert. It’s a great read and incorporates plenty of other experts in the field.

Those who know me will tell you I always advocate for hiring the best expert you can find. It holds true when you build a home, have your car repaired and especially when you’re facing a criminal conviction. In a court of law, you can’t afford to go it alone. That’s why we’re here – to provide the best legal defense possible for you and your family.

So why do you need a medical marijuana expert? Here’s why:

A medical marijuana expert understands impairment.

In Arizona, our firm has seen landmark cases in which the expert’s opinion was a crucial deciding factor for the jury. Arizona is creating legal precedent with cases like Darrah v. Hon. Mcclennen/City of Mesa where we, as lawyers, are literally breaking new ground every day in the defense of individuals charged with marijuana possession or driving under the influence.

As with any new battleground in the legal field, the quality of your case can many times rely on the quality of the experts you choose to support your case. Experts on the effects of marijuana are commonly retained for DUI cases in order to first determine if the drug was present in the defendant’s system, and secondly, to quantify if the percentage found in the defendant’s blood was significant enough to prove impairment.

Experts responsible for supporting arguments involving impairment are typically highly educated criminalists and doctors who specialize in internal medicine – professionals well versed in the effects of marijuana and with extensive experience testifying in court.

A marijuana expert can bolster your defense – and weaken the prosecution’s case.

Typically, the prosecution has no problem seeking a conviction for drug possession if they’ve proven the individual was in possession of marijuana. In this case, a marijuana expert can’t do much to bolster the defense. However, the defense can argue the individual legally obtained a medical marijuana card, and should not be convicted for drug possession based on state laws. Depending on the prosecutor and judge however, this argument won’t necessarily be impactful.

If a DUI is involved, the situation becomes much more complex, and the support of an experienced marijuana expert is crucial. Unlike alcohol, marijuana traces, or metabolites, remain in the system for longer periods of time. An expert is needed to discuss how metabolites affect the body and whether these trace amounts of the drug resulted in impairment.

Drug identification “experts” aren’t doctors.

Unlike marijuana experts such as criminalists and internal medicine doctors who defense attorneys call upon to help with a case, drug recognition experts (DREs) or drug identification experts typically focus solely on proving that drugs were present in the defendant’s system at the time of the arrest.

DREs aren’t nearly as qualified as doctors to speak on impairment, and aren’t highly educated on the medical aspect of whether the driver was impaired. They have undergone training and courses to “recognize” impairment based on their previous experiences as well as a person’s behavior and actions. That’s why highly qualified drug experts are so crucial if your client is ultimately charged. For us, science trumps what a DRE might see on the side of the road.

The Arizona Court of Appeals has ruled that medical marijuana users are not protected from DUI charges if there is any trace of marijuana or its compound in the body while driving.

Marijuana metabolites can stay in the body for weeks, but may not be significant enough to cause impairment. While these compounds may be inactive, this law still prohibits driving with any trace of marijuana in the body.

Approximately 50,000 people in Arizona use medical marijuana since the inception of the Arizona Medical Marijuana Act in 2010.

Some have argued that the act is supposed to protect medical users from DUI charges so long as they are not driving while impaired; however, a three-judge panel recently ruled against Travis Lance Darrah, who was charged with two counts of DUI for driving with the drug in his system in December 2011.

The DUI charge based on impairment was dropped, but he was convicted of charges based on the presence of marijuana compounds in the body. Darrah appealed the charge, arguing that the compounds did not cause impairment, but judges disagreed and his conviction stands, azcentral reports.

If you have a medical marijuana prescription and are arrested on suspicion of driving while impaired, call the Arizona DUI defense lawyers at Corso Law Group right away at (480) 471-4616.

Colorado lawmakers are reviewing recreational marijuana taxes after sales from the past fiscal year did not meet early predictions.

The official estimated revenue that recreational marijuana was predicted to bring in $33.5 million through the fiscal year, which ended this summer.

Tax collections from Colorado reveal that the actual amount came in 60 percent lower than predicted, at a little over $12 million, according to The Denver Post.

Lawmakers, such as State Rep. Dan Pabon, the leader of a special legislative committee on marijuana revenue, say that existing medical marijuana tax laws, which are lower than that of recreational pot, may be a part of why recreational tax revenue didn’t meet expectations.

David Blake of the Colorado attorney general’s office suggests that medical marijuana’s continued success and recreational marijuana’s disappointing revenues are driven by the avoidance these higher taxes, The Denver Post said.

Despite the presence of recreational marijuana dispensaries, which are popping up all around the state, medical marijuana sales continue to hold a top place in the marijuana market.

It seems as though recreational marijuana hasn’t taken consumers away from medical marijuana businesses but instead has appealed to tourists and others who may have previously purchased pot illegally.

However, recreational tax revenues are projected to increase as the field grows and matures over time.

Some are especially optimistic, such as Dorinda Floyd from the Department of Revenue, who believes recreational pot will eventually surpass medical sales, The Denver Post reports.

In Arizona, medical marijuana is just getting settled in the market as Proposition 203, The Arizona Medical Marijuana Act, was passed by voters in 2010.

Medical marijuana sales in Arizona are expected to have a significant place in the state’s economy as dispensaries continue to receive licenses and open.

A total of approximately 126 dispensaries are anticipated to exist in the state since 2012, give or take a few depending on the number of traditional pharmacies existing in Arizona at any given time.

For reference, one dispensary may open in accordance with every 10 pharmacies in the state the Arizona Department of Health Services explains explains.

A study published by Arizona State University Professor Timothy Hogan predicts that dispensaries will support 1,500 full-time jobs and pay out $74 million a year in wages in 2016.

After including additional businesses and spending as a result of direct wages, those numbers increase to 6,500 jobs for Arizona workers, $315 million in income payments and $990 million in overall economic activity, the Phoenix Business Journal reports.

In April, the Arizona Supreme Court ruled that drivers with traces of marijuana found in the body after a drug test can not receive DUI charges if the existing chemical compounds do not cause impairment.

This overturned the Court of Appeals decision from last year that gave prosecutors the right to charge marijuana users with DUIs without proof that they were physically impaired at the time of arrest.

Attention to this issue was brought to the higher court when an Arizona man was pulled over by police for speeding and unsafe lane changes. He admitted to smoking marijuana the night before and consented to a drug test where marijuana metabolites were later detected.

Chemical compounds left in the man’s body from previous marijuana intake were carboxy-tetrahydrocannabinol, or carboxy-THC, a non-impairing metabolite of marijuana that can remain in the body for up to 30 days after marijuana use, the Huffington Post reports.

The man was charged with two counts of DUI for driving while impaired and for driving with drugs in his system although the marijuana metabolites were non-impairing, the Arizona Department of Health Services said.

His case was appealed and the Arizona Supreme Court ruled that the Arizona DUI law,A.R.S. 28-1381 that says it is unlawful to operate a vehicle while there is marijuana and its metabolite in the body, is too ambiguous because it does not distinguish between the different marijuana metabolites.

“We do not believe that the legislature contemplated penalizing the presence of a metabolite that is not impairing,” the court said of the DUI offense according to the AZDHS Medical Marijuana Program newsletter.

With states like Colorado and Washington, where recreational marijuana is legal, and 23 other states including DC that have legalized medicinal marijuana, including Arizona in 2010, legislation concerning DUI charges and how they should be applied to marijuana users are topics worth discussion.

For example, the Arizona Supreme Court ruling affects the 40,000 medical marijuana users in Arizona and out of state visitors who use marijuana by protecting them from wrongful DUI charges, the Arizona Capitol Times said.

Now, medical marijuana users in Arizona can drive without their legal actions being criminalized by law enforcement, however it is always important to understand your DUI laws and rights.

The Arizona DUI defense attorneys at Corso Law Group do everything in their power to protect defendants and advocate for their rights. They have the experience and expertise to deal with DUI charges in Arizona and will fight to get the charges dismissed.

Arizona Department of Health Services (ADHS) opened the door to medical marijuana years ago, but will not budge on opening it any more in 2014.

ADHS rejected a proposed expansion – adding illnesses to the list of approved marijuana-treated conditions – of the state’s medical marijuana program more than 3 years after approving the Act which allows the use of medical marijuana, with a 50.13 percent approval.

The state’s current policy on medical marijuana is protected by Proposition 203, which was passed in November 2010 and put into effect in April 2011. The Arizona Medical Marijuana Act removes state-level criminal penalties on the use of marijuana for qualifying patients who have received “written certification” from their physician to alleviate symptoms of chronic conditions and illnesses.

Among these illnesses, include cancer, glaucoma, HIV/AIDS, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig’s disease), Crohn’s disease, Alzheimer’s disease; any medical condition producing cachexia or wasting syndrome, severe or chronic pain, and severe nausea or seizures.

A recent petition in 2014 suggested adding post traumatic stress disorder, migraines and depression to the list of medical marijuana approved conditions, but it was shot down by the state’s Department of Health Services Director, Will Humble.

Current medical marijuana cardholders are permitted to purchase, and have on their person, up to 2.5 ounces of usable marijuana in a 14 day period.

According to the Arizona Medical Marijuana Act, usable marijuana consists of “the dried flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant and does not include the weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink.”

Although the qualifying patients are protected under Arizona law, they must adhere to the rules set by the Arizona Medical Marijuana Act. The law prohibits driving or operating a motor vehicle, boat or aircraft while under the influence, ingesting marijuana in a public place or on public transportation, and cultivation of more than 12 marijuana plants in a “locked and enclosed facility” only if the patient is not within 25 miles of a dispensary.

The Arizona Medical Marijuana Act does not require employers or landowners to allow the ingestion of marijuana in the workplace on on their private property, but it does protect against discriminatory acts that affect the hiring, leasing or treatment of a qualifying patient.

All eyes are on Colorado this year as it is the first state in the country to legalize recreational marijuana and the first location in the world to regulate weed from growth to sales.

In November 2012, 55 percent of Colorado citizens voted in favor of legalizing recreational marijuana, and on January 1, 2014, pot retail outlets opened their doors to thousands of Colorado natives and state visitors who lined up to be among the first to legally buy marijuana.

Other states are sure to follow. Washington also voted in favor of legalized recreational weed in 2012, but will wait to open retail stores until later this year.

The Details

Although it is now legal, regulatory marijuana laws do exist.

Those interested in buying marijuana must be at least 21 years old and may only purchase up to an ounce if they are from in state and a quarter ounce if they hail from out of state. Growing marijuana at home is legal as well, allowing no more than 6 plants per household that must be in a secure and locked area.

No public smoking is allowed due to Colorado’s Clean Indoor Air Act which prohibits smoking indoors, even in dispensaries, and will keep marijuana use out of public areas. Recreational marijuana use is legal only on private property with the permission of the property’s owner.

Similar to alcohol laws, driving under the influence of marijuana is illegal when more than 5 nanograms of THC, the drug’s active component, are present in the blood. THC levels are shown to wear off after three hours after use, but the effects of marijuana vary individually and should be used with caution, especially when both alcohol and marijuana are involved, according to the National Organization for the Reform of Marijuana Laws and CNN.

Underage marijuana use and possession is illegal in Denver and is punishable with fines and other consequences, but not jail time.

On a federal level, marijuana remains illegal, but instead of challenging Colorado state law, federal officials will, “focus on serious trafficking and keeping the drug away from children,” CNN said.

Why Legalize Marijuana

Recreational marijuana use will bring in millions of dollars in tax revenue to states that legalize retail pot, the New York Times said.

Retail marijuana in Colorado will have the usual state sales tax of 2.9% plus a 25-percent state tax, making it one of the most highly taxed consumer products in the state, resulting in an additional $67 million a year with $27.5 million of that amount designated to the construction of schools, CNN said.

This will be new revenue for Colorado. Medical marijuana has been around as early as Nov. 2000 when Amendment 20 effectively legalized limited amounts of medical marijuana for patients and primary caregivers, but medical marijuana patients are not charged with extra taxes.

Although both retail and medicinal marijuana establishments are legal in Colorado, the two entities remain separate with different laws and regulations. For example, a personal license and physician recommendation are required for medical marijuana patients.

Community Perspectives

The state Marijuana Enforcement Division mailed out 136 recreational marijuana licenses in December to shops in Denver, and at least 37 of those were able to get past the lengthy legal process to open on Jan. 1, according to the Denver Post and the Gazette.

Most locations were sold out within the first several hours of opening, and despite initial concern, the Denver Post reported police and government officials said crowds were very calm and unproblematic.

Jan. 1 was an exciting day for many. Iraq war veteran Sean Azzariti had campaigned for marijuana legalization and was the first to legally buy recreational pot.

Michael Eymer is benefiting from “cannabis capitalism” with his pot tours that take paying customers to dispensaries, shops and restaurants around Colorado for the full recreational weed experience, CBS said.

Other Colorado communities, however, are not as thrilled.

The cities of Colorado Springs and Greeley are exercising their power to prohibit marijuana commerce, and have chosen not to welcome retail weed to their communities.

Scottsdale, Ariz. – In Arizona, there are many different ways to defend possession of marijuana. The experienced Arizona marijuana lawyers at Corso Law Group will handle any case professionally from start to finish.

“An experienced drug defense lawyer improves the chances of your drug charge being reduced or dismissed,” said Christopher P. Corso, Esq. “We are Arizona marijuana lawyers who will evaluate any and all weaknesses in the state’s case against you. We understand the position you are in, and we want to do whatever we can to help.”

Arizona Marijuana Lawyers

The Arizona marijuana lawyers at Corso Law Group understand that possession of marijuana and drug paraphernalia are very serious drug charges that require experienced drug defense lawyers and marijuana defense attorneys. The Phoenix drug defense lawyers at Corso Law Group are just such drug defense attorneys.

Corso Law Group has handled thousands of cases pertaining to the sale of marijuana and prescription drugs. Hiring experienced drug defense attorneys to represent cases is extremely important, as the penalties under Arizona law can be severe and usually require jail time.

What about Marijuana Possession?

Most marijuana possession (13-3405) cases are charged as felonies, but hiring an experienced drug defense lawyer can make a difference. The Arizona attorneys at Corso Law Group have experience both prosecuting and defending drug crime cases, and know the importance of being aggressive when defending cases.

Depending upon whether or not the offense is a felony or misdemeanor, an individual could be facing a lengthy prison term, supervised probation with jail time, substantial drug treatment and drug counseling.

The medical marijuana lawyers at Corso Law Group will aggressively challenge the legality of the search conducted on both a client and their property. Their Arizona marijuana lawyers will also work to suppress the evidence or any statements made to police officers by their clients.

Compassionate Arizona Marijuana Lawyers

Corso Law Group understands the toll a marijuana possession charge takes not only on the person arrested, but also their immediate family and friends. Their Arizona marijuana lawyers have been involved with thousands of these cases and will not only fight on a client’s behalf, they will counsel the client’s family on the best course of action and can even suggest drug treatment facilities for consideration.

“We understand the emotional impact a drug arrest has on your families and loved ones, as well as the long term repercussions associated with a criminal record,” said an attorney at the firm. “Not only will we focus on handling your case, but we’ll help you to regain your peace of mind in what normally is a very stressful situation.”

Being arrested does not necessarily lead to a conviction. Corso Law Group wants to make sure clients are aware of what lies ahead so they can tackle it head on together.

Please contact Corso Law Group today for a free consultation. Our Arizona marijuana lawyers will meet with you to discuss your unique situation and help you determine the best means of action.

The experienced attorneys at Corso Law Group are experts in criminal law, handling all criminal defense cases, including DUI defense, domestic violence defense, possession of drugs, felony drug charges, photo radar, criminal speeding, disorderly conduct and marijuana possession.

The experienced attorneys at Corso Law Group serve clients throughout Arizona, including the cities of Ahwatukee, Avondale, Buckeye, Chandler, El Mirage, Gilbert, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Sun City, Surprise, Tempe, Tolleson and Youngtown.

To schedule a free consultation, please call (480) 471-4616. Corso Law Group is located at 17470 N. Pacesetter Way Scottsdale, AZ 85255.