For many Arizonans, CBD products are part of a daily wellness routine. From oils to edibles, cannabidiol (CBD) is marketed as a legal and non-intoxicating alternative to marijuana. But despite CBD being legal under both federal and Arizona law, there’s growing confusion about whether driving after using CBD could lead to a DUI.
The concern arises because CBD products can contain trace amounts of THC, the psychoactive compound found in cannabis that can impair your driving ability and lead to a DUI charge.
Arizona’s DUI law does not specifically address CBD, but it does criminalize driving while impaired to the slightest degree by any drug, including cannabis. This means that even if you took CBD with no intention of getting high, and even if you thought the product was THC-free, you could still face a DUI in Arizona if THC shows up in your system and law enforcement believes your driving was impaired.
This article will cover the following subtopics:
- What is CBD, and how is it Different From THC?
- How Arizona DUI Law Applies to CBD Use
- Can Trace Amounts of THC From CBD Lead to a DUI Charge?
- Drug Testing and Field Sobriety Tests in a CBD DUI Investigation
- Legal Defenses to a CBD-Related DUI in Arizona
- Real-World Example: A CBD DUI Arrest in Phoenix
- 5 FAQs About Driving After Taking CBD in Arizona
- Key Takeaways to Remember
- Contact Shah Law Firm for Help With a CBD or Marijuana DUI
This article will explore how Arizona treats CBD-related DUIs, the role THC plays in DUI investigations, what counts as impairment under Arizona law, and what to expect if you’re charged. If you use CBD and drive in Arizona, understanding the risks and legal implications is essential to protect yourself from a possible DUI offense.
What is CBD, and how is it Different From THC?
Cannabidiol, or CBD, is one of many cannabinoids found in the cannabis plant and does not affect the ability to drive. Unlike tetrahydrocannabinol (THC), which is the psychoactive component of marijuana, CBD is not intended to intoxicate you or get you high. Many people use CBD to alleviate pain, reduce anxiety, or improve sleep. Because it does not produce intoxication, CBD is often marketed as a “safe” alternative to marijuana.
However, many CBD products are not 100% THC-free.
According to federal law, CBD is legal as long as it contains less than 0.3% THC by dry weight. Even at this low level, repeated use or consumption of large quantities may cause trace amounts of THC to build up in your system.
That THC, even in small quantities, is what creates risk under Arizona DUI laws. If law enforcement believes you are impaired while driving and a blood or urine test detects THC, you could face a DUI charge even if your only cannabis use came from a legal CBD product.
How Arizona DUI Law Applies to CBD Use
Arizona’s DUI law is outlined in ARS 28-1381, which makes it illegal to operate a vehicle:
- While under the influence of any drug, alcohol, or combination thereof, if impaired to the slightest degree, including the impact of cannabis.
- With any drug defined in ARS 13-3401 or its metabolite in the person’s body
THC and its metabolites are included in ARS 13-3401. That means having any detectable level of THC in your system while driving—even without signs of actual impairment—can result in a per se DUI under Arizona law.
Even if you’re not “high” in the traditional sense, CBD use could introduce small amounts of THC into your body, especially if you’re using full-spectrum CBD oils or edibles. Law enforcement doesn’t necessarily distinguish between CBD and marijuana when it comes to DUI investigations. If they believe your driving was affected or you show signs of impairment, you could be arrested for a DUI offense.
Can Trace Amounts of THC From CBD Lead to a DUI Charge?
Yes, driving with CBD can still lead to questions about your ability to drive if impaired. While CBD itself is not impairing, trace amounts of THC in the product can accumulate over time or spike depending on the product’s formulation.
Some users have reported testing positive on drug tests even when using legal hemp-based CBD, which raises concerns about marijuana use.
Arizona law allows prosecutors to pursue DUI charges based solely on the presence of THC or its metabolite, even without obvious signs of intoxication. This is especially true if a field sobriety test or officer observations indicate impaired driving performance. If a blood test shows any amount of THC, that alone can be enough for a DUI involving marijuana, regardless of how it got into your system.
So if you’re wondering whether you can get a DUI from CBD alone, the answer is: not directly. But if your CBD product contains THC and that THC shows up in a blood test, you could face DUI charges, especially if law enforcement believes you were impaired behind the wheel.
Drug Testing and Field Sobriety Tests in a CBD DUI Investigation
During a traffic stop, an officer might begin a DUI investigation if they observe:
- Erratic or unsafe driving behavior
- Slurred speech or red eyes
- Inconsistent responses or confusion
You may be asked to perform a test to determine your ability to drive under the influence of marijuana. Field sobriety tests include horizontal gaze nystagmus, walk-and-turn, or one-leg stand. If you perform poorly, that gives the officer probable cause to arrest you for driving while under the influence. After an arrest, you may be required to take a blood test to detect THC or other substances.
Unlike alcohol DUIs, where there is a clear legal limit (0.08% BAC), Arizona has zero tolerance for certain drugs. There is no official threshold level for THC that must be met to establish impairment in the state of Arizona. Prosecutors only need to show that THC or a metabolite was present and that you were impaired to the slightest degree.
This is where CBD gets tricky: some CBD products cause positive THC results on drug tests even if you didn’t feel high or impaired. But Arizona’s DUI laws don’t require proof of intent or intoxication—just the presence of a controlled substance and evidence of impaired driving ability.
Legal Defenses to a CBD-Related DUI in Arizona
Being charged with a DUI after using CBD doesn’t mean you’re automatically guilty. Several legal defenses may apply, mainly if your impairment was not caused by THC or the amount found was minimal. An experienced DUI defense attorney can help you challenge the following:
- No Actual Impairment: You may argue that you were not impaired at the time of the stop, even if THC was present. This includes demonstrating normal driving behavior and passing field sobriety tests.
- Inaccurate Blood Test: THC levels can be inaccurately measured due to improper storage or lab errors. If the blood sample was mishandled, your attorney may move to exclude the test results, especially if they relate to driving under the influence.
- Legal Use of CBD Products: If you consumed a legally compliant CBD product and had no reason to believe it contained enough THC to impair your driving ability, this can support your case.
- Invalid Traffic Stop: If the officer lacked reasonable suspicion to initiate the traffic stop, any evidence gathered afterward—including blood tests—may be suppressed.
- No Signs of Impairment: If the officer’s report and body cam footage show that you were alert, cooperative, and driving safely, this may undermine the prosecution’s case.
Attorney Arja Shah of Shah Law Firm has successfully defended numerous DUI cases involving questionable THC levels and flawed DUI investigations. If you were charged with a DUI after using CBD, she may be able to help you avoid a conviction.
Real-World Example: A CBD DUI Arrest in Phoenix
A 34-year-old Phoenix resident was pulled over for allegedly swerving within his lane. He had taken a full-spectrum CBD oil earlier in the day for back pain. The officer noted glassy eyes and asked the driver to perform field sobriety tests. Despite completing them with minimal issues, the officer arrested him for DUI based on suspicion of marijuana impairment.
A blood test later showed 2.1 ng/mL of THC, a low level possibly caused by the CBD oil. The driver insisted he had not smoked marijuana and only used legal CBD. Attorney Arja Shah challenged the reliability of the test and highlighted the absence of erratic driving or impaired behavior. The charges were ultimately dismissed.
5 FAQs About Driving After Taking CBD in Arizona
⑴ Can you fail a drug test after using CBD?
Yes. Especially with full-spectrum products, small amounts of THC may be present and trigger a positive test.
⑵ Is it illegal to drive after using CBD?
CBD alone is not illegal, but if it leads to THC in your system and signs of impairment, it can result in a DUI charge.
⑶ How can I reduce the risk of getting a DUI from CBD?
Use THC-free CBD products (labeled as “CBD isolate”) and avoid driving for several hours after use.
⑷ Does medical marijuana protect me from a DUI if I am under the influence of cannabis?
No. Even if you are a qualified medical marijuana user, you can still be charged with DUI if impaired.
⑸ Will a DUI conviction affect my record?
Yes. A DUI conviction can lead to fines, jail time, license suspension, and a permanent criminal record.
Key Takeaways to Remember
- Arizona DUI laws allow for charges based on any impairment from THC, even if it came from CBD.
- THC can build up in your body even from legal CBD use and lead to failed drug tests.
- Field sobriety and blood tests are commonly used to detect impairment and THC levels, especially in cases involving the influence of cannabis.
- Defenses include lack of impairment, improper testing, and legal use of CBD.
- Always check labels and avoid driving immediately after using CBD products.
Contact Shah Law Firm for Help With a CBD or Marijuana DUI
Shah Law Firm offers free consultations and will review your case to determine your legal options. Arja Shah understands how to challenge questionable THC results and flawed DUI investigations. Don’t risk a conviction over a wellness product—get the representation you deserve.
Call (602) 560-7408 or visit arjashahlaw.com to schedule your free case evaluation.
