Corso & Rhude Describe Legal Pitfalls of Arizona Medical Marijuana Act
Arizona lawyers John Rhude and Christopher Corso have been fielding questions regarding the legal ramifications of the Arizona Medical Marijuana Act, should voters pass the measure.
Peoria, AZ, October 27, 2010 --(PR.com)-- As Arizonans get ready to head to the polls for the Nov. 2 Arizona general election, Peoria lawyers John Rhude and Christopher Corso have been fielding questions regarding the legal ramifications of the Arizona Medical Marijuana Act, should voters pass the measure.
The former Maricopa County prosecutors have compiled a list of the most frequently asked questions they have received. Here are some of the questions as well as advice from the founding partners of the Law Office of Corso & Rhude.
What will happen if you’re stopped by the police with marijuana?
“If you have a medical card, you’re going to be able to possess a certain amount of it but there will be restrictions,” Rhude said. “What we’re concerned about are the potential liabilities. Can a person have it with them? Or does it strictly have to be kept at home? All of these questions will have to be answered – as will how quickly the law will be adjusted to reflect medical marijuana. There has to be some sort of alteration of the law for marijuana possession.”
What does this mean for DUI arrests?
“DUI is a completely different issue now,” Corso said. “You’re going to have this drug in your system even though you don’t feel the effects of it anymore and that makes a DUI complicated. From a DUI standpoint, the main difference between alcohol and marijuana is the lasting effect. Marijuana can last up to 30 days. Alcohol can be out of your system in a day."
Why should this affect DUI laws?
“It’s important to remember that DUIs deal with drugs, too,” Rhude said. “There are inherent issues with DUIs as they pertain to marijuana. It’s similar to the problem with DUIs that involve prescription drugs. There are certain prescriptions that tell you that you can’t operate heavy machinery. But most of these are out of your system very quickly. Marijuana is one of the only drugs that will show a metabolite in your system even though the effects of using it are gone. The state will have to determine what toxicology level will be deemed ‘over the limit.’”
Why is medical marijuana now an issue?
“It’s really not a new thing,” Corso said. “Similar legislation passed more than a decade ago. But the problem was there were loopholes in that legislation. There were problems with the statute because it didn’t address drug possession or the DUI issues that arise from legalizing the drug for medical purposes. Because those issues were not addressed, it couldn’t become law. This bill is trying to close those holes.”
Why should we be concerned?
“There are two things worth discussing when it comes to medical marijuana,” Rhude said. “First, how do you implement such a law? What’s next after it passes? The implementation is what’s really important.
“The second concern is from the attorney perspective. You’re going to have abuses of the system. You’re putting marijuana out on the street. If someone gets a prescription and then sells it to someone else, how will that be dealt with? You’re putting marijuana everywhere. In that same sense, how does this law affect illegal possession of the drug?”
Why is this important?
“What’s imperative to understand right now is how possession of marijuana is treated by the courts,” Corso said. “Right now it’s a felony. In a lot of states it’s simply a civil offense. If possession is a felony, that can have a dramatic impact on your life. It can basically ruin your life.
Said Corso, “We see this with prescription drugs. Many people take a pill out and save it to take later in the day. Then they get pulled over and the officer uncovers the pill during a search. That’s a crime. It’s a crime in Arizona to possess a drug without the presence of a valid prescription.”
What’s coming next if this passes?
“Most likely the downgrading of marijuana from a felony to a misdemeanor,” Rhude said. “Every other state that’s done this has downgraded it to a civil violation. And they all allow it for medical use. Already in Arizona, Proposition 200 says you must get probation, not jail on a first offense. On a second offense, you are jail eligible but you still receive probation. Already you can see that Arizona is lessening the penalties for marijuana.”
In addition to marijuana possession, the Law Office of Corso & Rhude handles all criminal defense cases, including, DUI defense, possession of drugs, felony drug charges, photo radar, criminal speeding, disorderly conduct and domestic violence.
And the criminal defense lawyers at Corso & Rhude serve clients throughout Arizona, including the cities of Ahwatukee, Avondale, Buckeye, Chandler, El Mirage, Gilbert, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Sun City, Tempe, Tolleson and Youngtown.
To schedule a free consultation, please visit www.corsorhude.com or call (602) 254-3188. The Law Office of Corso & Rhude, PLLC is located at 9210 W. Union Hills Drive, Suite 102, Peoria, Arizona, 85382.
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The former Maricopa County prosecutors have compiled a list of the most frequently asked questions they have received. Here are some of the questions as well as advice from the founding partners of the Law Office of Corso & Rhude.
What will happen if you’re stopped by the police with marijuana?
“If you have a medical card, you’re going to be able to possess a certain amount of it but there will be restrictions,” Rhude said. “What we’re concerned about are the potential liabilities. Can a person have it with them? Or does it strictly have to be kept at home? All of these questions will have to be answered – as will how quickly the law will be adjusted to reflect medical marijuana. There has to be some sort of alteration of the law for marijuana possession.”
What does this mean for DUI arrests?
“DUI is a completely different issue now,” Corso said. “You’re going to have this drug in your system even though you don’t feel the effects of it anymore and that makes a DUI complicated. From a DUI standpoint, the main difference between alcohol and marijuana is the lasting effect. Marijuana can last up to 30 days. Alcohol can be out of your system in a day."
Why should this affect DUI laws?
“It’s important to remember that DUIs deal with drugs, too,” Rhude said. “There are inherent issues with DUIs as they pertain to marijuana. It’s similar to the problem with DUIs that involve prescription drugs. There are certain prescriptions that tell you that you can’t operate heavy machinery. But most of these are out of your system very quickly. Marijuana is one of the only drugs that will show a metabolite in your system even though the effects of using it are gone. The state will have to determine what toxicology level will be deemed ‘over the limit.’”
Why is medical marijuana now an issue?
“It’s really not a new thing,” Corso said. “Similar legislation passed more than a decade ago. But the problem was there were loopholes in that legislation. There were problems with the statute because it didn’t address drug possession or the DUI issues that arise from legalizing the drug for medical purposes. Because those issues were not addressed, it couldn’t become law. This bill is trying to close those holes.”
Why should we be concerned?
“There are two things worth discussing when it comes to medical marijuana,” Rhude said. “First, how do you implement such a law? What’s next after it passes? The implementation is what’s really important.
“The second concern is from the attorney perspective. You’re going to have abuses of the system. You’re putting marijuana out on the street. If someone gets a prescription and then sells it to someone else, how will that be dealt with? You’re putting marijuana everywhere. In that same sense, how does this law affect illegal possession of the drug?”
Why is this important?
“What’s imperative to understand right now is how possession of marijuana is treated by the courts,” Corso said. “Right now it’s a felony. In a lot of states it’s simply a civil offense. If possession is a felony, that can have a dramatic impact on your life. It can basically ruin your life.
Said Corso, “We see this with prescription drugs. Many people take a pill out and save it to take later in the day. Then they get pulled over and the officer uncovers the pill during a search. That’s a crime. It’s a crime in Arizona to possess a drug without the presence of a valid prescription.”
What’s coming next if this passes?
“Most likely the downgrading of marijuana from a felony to a misdemeanor,” Rhude said. “Every other state that’s done this has downgraded it to a civil violation. And they all allow it for medical use. Already in Arizona, Proposition 200 says you must get probation, not jail on a first offense. On a second offense, you are jail eligible but you still receive probation. Already you can see that Arizona is lessening the penalties for marijuana.”
In addition to marijuana possession, the Law Office of Corso & Rhude handles all criminal defense cases, including, DUI defense, possession of drugs, felony drug charges, photo radar, criminal speeding, disorderly conduct and domestic violence.
And the criminal defense lawyers at Corso & Rhude serve clients throughout Arizona, including the cities of Ahwatukee, Avondale, Buckeye, Chandler, El Mirage, Gilbert, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Sun City, Tempe, Tolleson and Youngtown.
To schedule a free consultation, please visit www.corsorhude.com or call (602) 254-3188. The Law Office of Corso & Rhude, PLLC is located at 9210 W. Union Hills Drive, Suite 102, Peoria, Arizona, 85382.
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Contact
Law Office of Corso & Rhude, PLLC
Al Stevens
(480) 235-1770
www.corsorhude.com
Al Stevens
(480) 235-1770
www.corsorhude.com
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