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Pot DUI charges up in air

PHOENIX — A prosecutor argued Tuesday there’s nothing wrong with charging a motorist who smoked marijuana up to a month ago with driving while drugged.


In arguments to the Arizona Supreme Court, Susan Luder acknowledged that Carboxy-THC, a secondary metabolite of marijuana, can show up in blood tests for a month after someone has used the drug. And she did not dispute the concession of her own expert witness that the presence of that metabolite does not indicate someone is impaired.

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