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 have their state ID card. For example, employers can still terminate an employee if they test positive for marijuana.
On May 9, 2019, the Arizona Court of Appeals struck another blow to patients’ ability to legally smoke marijuana under the AMMA. According to the court’s opinion, the defendants were on their way to a music festival. After they pulled into a parking lot that was designated for event parking, they smoked marijuana from a pipe. However, the defendants had unknowingly parked between two undercover police cars. The officers saw the defendants smoking in the car, ordered them out, and seized the pipe. Officers also seized a gram of marijuana.
The defendants, who were both “qualifying patients” under the AMMA and had their state ID cards, were charged with the possession of marijuana. The defendants argued that they were immune from prosecution based on the AMMA. The prosecution argued that the AMMA provides exceptions to the immunity granted to patients, one of which is when the patient smokes in a public place. The court found the defendants guilty and sentenced them each to a period of probation. The defendants appealed.