By Howard Fischer | Capitol Media Services/East Valley Tribune
State judges cannot bar those placed on probation from using medical marijuana if they are otherwise eligible, the state Court of Appeals ruled Friday. And that even includes those who were convicted for drug offenses.
Appellate judge Peter Eckerstrom said when voters approved the Arizona Medical Marijuana Act in 2010 they declared that those with a doctor’s recommendation and the required state-issued ID card are not subject to “arrest, prosecution or penalty in any manner, or denial of any right or privilege.” That “clear language,” Eckerstrom said, prohibits a trial judge from barring someone from using medical marijuana consistent with that law.
If you’d like to discuss marijuana issues, contact Ryan Hurley, director of the Rose Law Group Medical Marijuana Department rhurley@roselawgroup.com
