Court: Judge, county attorney both wrong in medical marijuana ruling

Yavapai County Attorney Sheila Polk
Yavapai County Attorney Sheila Polk

By Scott Orr | The Daily Courier

PRESCOTT, Arizona – A three-judge appellate court panel ruled this week against Superior Court Judge Celé Hancock’s October decision that the County Attorney’s blanket prohibition of medical marijuana in every plea agreement was illegal, and also ruled that County Attorney Sheila Polk was wrong to include the prohibition in every plea agreement.

The action stems from a case involving Jennifer Lee Ferrell, 43, who accepted a plea that included charges of attempted aggravated assault on a police officer, resisting arrest, and DUI.

Under the section “special conditions” was language that had become standard in plea agreements offered by the Yavapai County Attorney’s Office: “Defendant shall not buy, grow, possess, consume or use marijuana in any form, whether or not the defendant has a medical marijuana card.”

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