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Victory in appeal of an MVD suspension of a Medical Marijuana Card Holder

October 2017

The Lower Court of Appeals reversed the Administrative Law Judge's suspension of the driver license of a medical marijuana card holder. The Admin law judge suspended the license because the driver tested positive for marijuana, even though proof his medical marijuana card, which was valid at the time of the arrest, had been presented to the judge. 

As this is still an evolving area of the law, common sense still does not seem to apply to how police officers and even courts handle medical marijuana use. 

Practice area(s): DUI / DWI

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Rachelle Ferraro

Rachelle S. Ferraro, originally from New Jersey, is the daughter of an Italian immigrant. She obtained her college degree in Political Science with a concentration in Constitutional Law at Wellesley College in Massachusetts and her Juris Doctor at the University of Arizona before settling down in Phoenix. She has practiced criminal defense since 1998 and is certified as a Criminal Law Specialist by the Arizona State Bar Board of Legal Specialization.