Legal to Drive w/Marijuana
1/16/2002
Since Idaho law doesn't list marijuana as an illegal narcotic, a federal appeals court ruled that users of the drug can legally drive in the state, the Associated Press reported Jan. 14.
The ruling was made in the case of Matthew Patzer, 21, who was stopped for a broken tailgate light in 1998 and admitted to police he had smoked marijuana at a party. He was later convicted for impaired driving.
Under Idaho law, it is illegal to drive under the influence of alcohol or narcotics.
But the 9th U.S. Circuit Court of Appeals in San Francisco, Calif., ruled that Patzer could not be automatically assumed to be impaired since the law does not list marijuana as a narcotic and Patzer passed two sobriety tests.
As a result of the ruling, Patzer's conviction was overturned. Idaho's Assistant U.S. Attorney Michael J. Fica may request the court to review its decision or ask the U.S. Supreme Court to hear the case.
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