Recently, an appeals court in Arizona was faced with the decision of whether to reverse a lower court’s decision not to expunge an individual’s record. The individual was originally found guilty of marijuana possession in 2014, but after laws in Arizona passed that allowed for this kind of offense to…
Articles Posted in Marijuana Offenses
Recreational Marijuana Is Legal in Arizona: Now What?
Towards the end of last year, Arizona became the 13th state in the country to legalize recreational use of marijuana when voters passed Proposition 207 by a 60/40 margin. By the end of January 2021, stores across the state were selling marijuana to consumers. However, Arizona’s new marijuana law doesn’t…
Arizona Court Rejects Defendant’s Request for Border Checkpoint Discovery
Earlier this month, a state appellate court issued an opinion in an Arizona drug possession case discussing the defendant’s request for specific discovery related to a border checkpoint. Ultimately, the court rejected the defendant’s request for additional discovery, finding that he could not establish that there was a “substantial need”…
Court Holds Arizona Medical Marijuana Act Does Not Protect Patients Who Smoke Marijuana in Their Car
In 2010, voters approved the Arizona Medical Marijuana Act (AMMA) by a small margin, making it legal for qualifying patients to obtain medical marijuana after they get a state-issued registration card. While the AMMA certainly provides some protections, the law hardly makes smoking marijuana “legal,” even for qualifying patients who…
Court Holds the Smell of Marijuana Still Gives Rise to the Probable Cause to Search, Despite Arizona’s Medical Marijuana Statute
Last month, a state appellate court issued an opinion in an Arizona drug possession case discussing an interesting motion to suppress that was brought by the defendant. The defendant argued that the smell of marijuana should no longer give a police officer probable cause to detain, search, or arrest based…
Court Holds Arizona Medical Marijuana Statute Does Not Permit Possession of Hashish
Recently, an Arizona appellate court issued a written opinion in a case involving the defendant’s possession of a small amount of hashish, requiring the court to determine if the defendant was protected under the Arizona Medical Marijuana Act (AMMA). Ultimately, the court concluded that the AMMA – which does not specifically…
Arizona Court Upholds Validity of California Recommendation Letter in Marijuana Case
Earlier this month, an appellate court issued an opinion in an Arizona marijuana case resulting from an arrest of a California citizen who was stopped in Arizona with marijuana. The case is the latest in a line of many cases dealing with the relatively new laws across the country legalizing…
Marijuana Sales and Weapons Misconduct in Arizona
In a recent Arizona marijuana case, the defendant appealed after being convicted of selling marijuana and weapons misconduct. The case arose when two detectives had a confidential informant conduct a controlled buy. The detective searched the informant to make sure he didn’t have money, drugs, or paraphernalia. The detectives photographed…
Arizona Court of Appeals Provides Affirmative Defense for Medical Marijuana Patients Charged with DUI
How High is Too High to Drive? In November 2016, Arizona voters rejected a measure to legalize recreational marijuana, with many people citing concerns about a possible increase in driving under the influence (DUI) violations as being the reason behind their opposition. Appellate courts in Arizona, however, have made a…
Marijuana DUI: Impacts of Arizona’s Rejection of Recreational Marijuana on Drugged Driving Charges
Proposition 205 Results for Legalization of Marijuana In the November 2016 election, five states including Arizona, had legalization of recreational marijuana on the ballot for voters. Of those, it passed in four states. But Arizona was not one of them. Proposition 205 gave Arizona voters the opportunity to legalize recreational…