AMMA
On December 22, 2016, in a divided 2-1 decision, in Ishak v. McClennen, No. 1 CA-SA 16-0134 (12/22/16) Division One of the Arizona Court of Appeals held that for Medical Marijuana DUI cases in which the defendant wishes to have the jury instructed on the Arizona Medical Marijuana Act (AMMA) Cardholder affirmative defense, the…
5/9/16 In State v. Robert Gear, the defendant is a phyisician. He was indicted in Navajo County Superior Court for one count of forgery under A.R.S. § 13–2002 and one count of fraudulent schemes and artifices under A.R.S. § 13–2310. The basis of the prosecution is a contention that the defendant falsely attested he had…
3/14/16 Disparity between Federal and State laws give rise to confusion, concern and unforeseen consequences for some medical marijuana patients in Arizona. Because marijuana is still a Schedule 1 Drug under the United Stated Controlled Substances Act, a lease clause forbidding drug use, even specifically banning use of marijuana by a card-holding medical marijuana patient,…
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…
2/23/16 The Arizona Medical Marijuana Act (AMMA) bars forgery prosecution of a physician for falsely certifying they have reviewed the patient’s medical history. The Arizona Medical Marijuana Act (AMMA) allows a person to obtain a Marijuana Medical Card if a physician issues a written certification that a patient has a “debilitating medical condition.” Arizona…
2/19/16 Arizona Court of Appeals holds odor of marijuana can justify probable cause notwithstanding AMMA. In State v. Cheatham, the Arizona Court of Appeals held that the Arizona Medical Marijuana Act (AMMA) does not prevent police officers from using the odor of burnt marijuana as probable cause to justify a search. In Cheatham the…
2/5/16 Arizona Medical Marijuana Act (AMMA) bars a Condition of Probation preventing a Probationer from the Medical Use of Marijuana The Arizona Court of Appeals has ruled that the Arizona Medical Marijuana Act (AMMA) allowed a defendant who was on felony probation, and who had an AMMA Card, to use marijuana even though the written…
11/25/15 In a decision released on November 20, 2015, the Arizona Supreme Court upheld the use of the Medical Marijuana Act as a defense for DUIs. The Court’s decision says that if a Medical Marijuana card holder is charged with a violation of 28 A.R.S. § 1381.A.3, DUI with Any Marijuana in the Body, the…