“Probation is a privilege that cannot be denied under AMMA; Penalties & criminal defense for probation violations.”
Nearly 5 years after the passing of Arizona Medical Marijuana Act (AMMA) the Arizona Supreme Court heard two cases involving denial of the privilege of qualified patients to use marijuana.
The Arizona Supreme Court held that a condition included in terms of their probation that denies Registered Qualified Patients the right to use medical marijuana is invalid and unenforceable.
Qualified Medical Marijuana Users Remain at Risk of DUI Prosecution.
Authorized Medical Marijuana users in Arizona have legal authorization to use the substance, but could still be charged with DUI if considered driving under the influence of drugs, according to a recent Arizona Court of Appeals ruling.
The court ruled Tuesday in the case of Darrah v. Hon. McClennen/City of Mesa, that Arizona Medical Marijuana Act does not protect users from prosecution if there is an active marijuana metabolite or chemical compound in the body when the users get behind the wheel.
Arizona voters approved medical marijuana November 2010. The state law allows people with doctor approval to apply for a medical marijuana card. Patients must have at least one qualifying condition, such as cancer or glaucoma, to legally receive the substance.
“Patient-to-patient sales and transfers were never intended under the law. Why it’s no longer being prosecuted”.
On-Line Marijuana Purchase Turns Deadly
Recently in Arizona, an incident involving an online Medical Marijuana sale went tragically wrong, and resulted in a shooting death. A 19 year old man answered a Craigslist advertisement from a seller, age 54. The parties arranged for a meeting to conduct the transaction.
“Arizona among other states that have legalized Medical Marijuana, have been prohibited from implementing the Medical Marijuana laws, due to Federal prohibition and fear of prosecution.
The FBI recently released crime statistics for 2011 crime statistics in 2011. It was estimated that every 42 seconds a Marijuana arrest was made in the United States. Of those, 87% of those were for Marijuana possession. Over half of all illegal drug arrests made, were for possession of Marijuana.
Arizona is one of several states that legalized Medical Marijuana, but has been prohibited from implementing the Medical Marijuana laws, due Federal prohibition and prosecution.
Arizona DUI & Criminal Defense Attorney Blog