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Arizona ex rel. Montgomery v. Harris

322 P.3d 160, 234 Ariz. 343 (2014)

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Arizona ex rel. Montgomery v. Harris

Arizona Supreme Court
322 P.3d 160, 234 Ariz. 343 (2014)

  • Written by Patrick Speice, JD

Facts

Hrach Shilgevorkyan (defendant) was pulled over for a routine traffic stop. Shilgevorkyan admitted to consuming marijuana the prior night, and a subsequent blood test found carboxy-tetrahydrocannabinol (CTHC) in Shilgevorkyan’s blood. CTHC was a marijuana metabolite that could remain in a person’s blood for several weeks after consuming marijuana, but CTHC did not cause impairment. In contrast, hydroxy-tetrahydrocannabinol (HTHC) was an intoxicating marijuana metabolite present in one’s blood for only a short period after marijuana was consumed before HTHC was converted into CTHC. Shilgevorkyan was charged with driving under the influence of marijuana (DUI) and driving with tetrahydrocannabinol (THC) or a THC metabolite in one’s body. Shilgevorkyan moved to dismiss the latter charge on the basis that the blood test did not find THC or its initial metabolite, HTHC, in Shilgevorkyan’s blood. The trial court agreed and dismissed the charge. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Brutinel, J.)

Dissent (Timmer, J.)

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Casebooks

Marijuana Law

Key Terms