2/26/16 Arizona Medical Marijuana Act (AMMA) does not permit a Registered Caregiver to possess more than the statutory limit per patient.
The Arizona Medical Marijuana Act (AMMA) permits a Registered Caregiver to possess 2.5 ounces of marijuana for each of 5 designated marijuana patients. Each patient must be registered as connected to a particular registered caregiver. In State v. Liwski, the defendant was charged with possessing 3.5 ounces of marijuana for sale. The defendant was a registered Caregiver for a particular registered patient. Before trial the prosecutor argued to the trial judge that the defendant was not entitled to the AMMA defense because he possessed 3.5 ounces, which was in excess of the allowable 2.5 per patient amount. The trial judge denied the prosecutor’s request by saying the law was somewhat unclear. The prosecutor then filed a special action in the court of appeals to seek a reversal of the trial court’s ruling. The court of appeals said the statute was clear, namely 2.5 ounces per registered patient is the limit. Therefore if the defendant was authorized to possess marijuana for only one patient the most he could possess under AMMA is 2.5 ounces. The court of appeals then said if the defendant was in possession of more than 2.5 ounces per patient the amount was not allowed by AMMA, and therefore the defendant could not use the AMMA defense.
https://www.appeals2.az.gov/Decisions/SA20150044Opinion.pdf
If you’ve been charged with DUI or another criminal offense, getting help from an experienced and knowledgeable lawyer is one of the best things you can do for your case. Gordon Thompson has been practicing criminal and DUI law since 1979, and has used his vast experience to help countless people charged with DUI and other criminal offenses get the best result. Call Gordon Thompson now, 24/7, so he can put his many years of experience to use and help you get the best result for your DUI or criminal case.
