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Medical Marijuana Authorized For All Probationers #marijuana-Attorney


bobandtorey

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In a case of first impression, Division 2 of the Arizona Court of Appeals recently decided that a person on probation could use medical marijuana so long as that use was compliant with the guidelines established by the Arizona Medical Marijuana Act (herein the “AMMA”), A.R.S. § 36-2801 through 36-2819. See, A.R.S. §36–2811(A)(2).

In addition, a cardholder cannot use medical marijuana at: any school (pre-K through high school); on a school bus; in a correctional facility; or, in any public place. See, A.R.S. §36–2802. Probation, however, is not one of the specific limitations listed in the AMMA. As a result, a judge cannot prohibit medical marijuana for those on probation because doing so would violate state law.

In rejecting the State’s argument that the terms of state court probation require a person to obey federal law, the Court of Appeals reaffirmed long-standing precedent that the enforcement of federal law is a duty “belonging to federal officials in federal courts.”

 

http://www.jdsupra.com/legalnews/medical-marijuana-authorized-for-all-pro-72478/

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