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DARRAH v. McCLENNEN

No. 1 CA-SA 14-0054.

337 P.3d 550 (2014)

Travis Lance DARRAH, Petitioner, v. The Honorable Crane McCLENNEN, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, City of Mesa Prosecutor's Office, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

October 21, 2014.

Attorney(s) appearing for the Case

John P. Tatz Attorney at Law PC By John P. Tatz , Glendale, for Petitioner.

Mesa City Prosecutor's Office By W. Craig Jones , Mesa, for Real Party in Interest.

Judge MICHAEL J. BROWN delivered the decision of the Court, in which Judge MARGARET H. DOWNIE joined and Presiding Judge KENT E. CATTANI specially concurred.

OPINION

BROWN, Judge.

¶ 1 The narrow question before us is whether Arizona's Medical Marijuana Act ("AMMA") prohibits the State from prosecuting an authorized marijuana user for driving under the influence ("DUI") pursuant to Arizona Revised Statutes ("A.R.S.") section 28-1381(A)(3), which criminalizes driving while there is any prohibited drug or its metabolite in a person's body. For the reasons set forth below, we conclude that the

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