What You Should Know
With the legalization of recreational marijuana in Arizona, many residents are asking: Is it illegal to drive high? And what about hotboxing—smoking cannabis in a car with the windows up? While using marijuana may be legal under state law for adults 21 and over, driving while impaired and consuming cannabis in vehicles still carry serious legal consequences.
🚫 Driving High is Illegal in Arizona
Under Arizona law, it is illegal to drive while impaired by marijuana—even if you’re a medical cardholder or consuming recreationally under Proposition 207. The statute ARS §28-1381 outlines DUI laws, which apply to any drug that impairs your ability to operate a vehicle safely.
Arizona doesn’t require a specific level of THC (like a BAC for alcohol) to prove impairment. Instead, prosecutors only need to show that marijuana affected your driving—through behavior, field sobriety tests, or officer observation. This makes marijuana DUIs somewhat subjective and easier to charge than people realize.
Consequences of a marijuana DUI can include:
- Jail time (especially for second or aggravated offenses)
- Fines and court fees
- Driver’s license suspension
- Required drug education classes
- Installation of an ignition interlock device
Even if you have a valid medical marijuana card, you’re not exempt from DUI prosecution if law enforcement believes you were impaired while driving.
🚗 Is Hotboxing Legal in Arizona?
Hotboxing, or smoking marijuana inside a car with the windows rolled up, is not explicitly named in Arizona law—but it falls under multiple criminal statutes that make it illegal:
- Possession or Use of Marijuana in a Vehicle
ARS §36-2851 makes it unlawful to consume marijuana in public, and inside a vehicle is considered a public space under the law. - Open Container Laws
Arizona’s marijuana regulations mirror alcohol laws in some respects. Just like you can’t have an open bottle of alcohol in a car, it’s illegal to have an open marijuana container in a vehicle’s passenger area. - Driving Under the Influence by Association
Even if you’re a passenger in a hotboxed car, law enforcement can argue you were knowingly participating in illegal activity, especially if the driver ends up impaired. - Exposure to Minors
If there are children in the car during hotboxing, you could face additional charges related to child endangerment or exposure to drug activity.
In short, hotboxing is illegal in Arizona, and it can lead to criminal charges even if you’re not the one behind the wheel.
🚨 What to Do if You’re Charged
If you’re facing charges for marijuana DUI or any marijuana-related offense in Arizona, it’s crucial to speak with a defense attorney immediately. At Rideout Law Group, our team has extensive experience handling drug-related cases, including those stemming from legal marijuana use that crossed into criminal territory.
We defend clients in Scottsdale, Lake Havasu City, Phoenix, and throughout Arizona, and we understand the complexities of Arizona’s evolving marijuana laws. Whether you’re a first-time offender or facing multiple charges, we offer aggressive, knowledgeable defense to protect your rights.
📞 Contact Rideout Law Group for Help
Were you arrested for driving high or hotboxing in Arizona? Don’t face these charges alone. Call our offices for a confidential consultation:
- 📍 Scottsdale: 11111 N Scottsdale Rd, Suite 225 | (480) 584-3328
- 📍 Lake Havasu City: 2800 Sweetwater Ave, Suite A104 | (928) 854-8181