Menu FREE Consult Request
DUI and Criminal Law Specialists
${site.data.firmName}${SEMFirmNameAlt}
Available to help 24/7
480-248-7666
Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Victory for Medical Marijuana Card Holders

After more than 6 years of litigation and setbacks from the Arizona Court of Appeals, the Arizona Supreme Court finally handed Arizona's medical marijuana patients a victory in shutting the door on prosecutions of those patients for possessing their medicine.

The Arizona Medical Marijuana Act (or "AMMA") provides a defense to arrest, prosecution, or penalty for possession of marijuana by a qualifying patient.

The question at hand was this - do extracts of the marijuana plant constitute marijuana for purposes of the Arizona Medical Marijuana Act? This would include shatter, wax, hash, oils, and almost any other derivative of marijuana that is not simply the smoked buds of the plant.

After oral argument, the Arizona Supreme Court issued its opinion on May 28, 2019, finally holding what everyone knew - that the voters, when they enacted the Arizona Medical Marijuana Act, intended it to protect the use of all medicinal marijuana products. In a scathing opinion, they shut down the arguments put forth by the State, represented by Yavapai County Attorney Sheila Polk's office, stating that a "plain reading of the relevant provisions compels out conclusion that AMMA protects the use of 'marijuana,' including resin, so long as the patient does not exceed the allowable amount and otherwise complies with the statutory requirements."

For dispensaries and patients, this means one thing - in Arizona, possession of marijuana extracts is no longer prosecutable so long as you have a valid Arizona Medical Marijuana card and an amount that is permissible by the statute.

This was a huge victory for medical marijuana card holders.

Nevertheless, law enforcement agencies are often slow on the uptake, and sometimes try and find ways to circumvent the clear stated law. If you are an Arizona Medical Marijuana card holder and are arrested for possessing the medication that you are lawfully allowed to possess, call an attorney immediately to find out what recourse and defenses you may have.

No Comments

Leave a comment
Comment Information
We play an active role in the civic life of the Phoenix metropolitan area.
We support Scottsdale's Taste of the Town festival that benefits the local chapter of the Muscular Dystrophy Association as well as the annual Toys for Tots campaign. Our firm also contributes to a number of other local organizations, including Home 'Fur' Good, a nonprofit dedicated to eliminating the euthanasia of adoptable homeless cats and dogs in Maricopa County.
Rosenstein Law Group Best Lawyers 2020 Avvo Rating 10.0 Superb Top Attorney DUI Super Lawyers Arizona Trial Lawyers Association Attorney At Law Magazine Contributing Editor Arizona Attorneys For Criminal Justice Established 1986

Free Consultation With A Drunk Driving Defense Lawyer

When you need effective, strategic defense, contact us 24 hours a day, seven days a week at 480-248-7666. We are ready and waiting for your call.

Bold labels are required.

Contact Information
disclaimer.

Submitting your information to us through this web form does not establish an attorney-client relationship. Information submitted through this web form is not confidential, not subject to attorney-client privilege, and will not preclude this law firm from representing a different client in the same legal matter. We do not represent you until you meet with us and sign a fee agreement. Please do not send us any confidential information about your case until we meet.

close

Privacy Policy

Free Consultation With A Drunk Driving Defense Lawyer FREE Consult Request