State ex rel. Montgomery v. Harris, 237 Ariz. 98

Summary

The Arizona Supreme Court held that the phrase “its metabolite” in A.R.S. § 28-1381(A)(3) refers only to metabolites of a proscribed substance that are capable of causing impairment. Because Carboxy-THC is a non-impairing metabolite, its presence alone could not support the charged offense. The court vacated the court of appeals’ decision and affirmed dismissal of the charge.

Holdings

1. The phrase "its metabolite" is limited to metabolites of a proscribed substance that are capable of causing impairment; it does not include a non-impairing metabolite merely reflecting prior drug use.
2. Because Carboxy-THC is a non-impairing metabolite and was the only metabolite found in Shilgevorkyan's blood, its presence could not support an A.R.S. § 28-1381(A)(3) conviction.

Questions Presented

1. Whether the phrase "its metabolite" in A.R.S. § 28-1381(A)(3) includes any metabolite of a proscribed drug, including the non-impairing metabolite Carboxy-THC.
2. Whether a driver may be convicted under A.R.S. § 28-1381(A)(3) based solely on the presence of a non-impairing metabolite of marijuana.

Disposition

vacated