Court rules campus medical marijuana not a crime; ‘A victory,’ says Ryan Hurley, Rose Law Group partner and director of Medical Marijuana Dept.

Andre Maestas / Facebook

By Ray Stern | Phoenix New Times

A 2012 Arizona law that erased legal protections for medical-marijuana holders on college campuses has been found unconstitutional by the state Court of Appeals.

At the same time, the court tossed the conviction of Arizona State University student Andre Maestas, who was charged under the law in 2015 with felony cannabis possession by the office of Maricopa County Attorney Bill Montgomery.

The 3-0 decision by the court is a victory for both the Arizona Medical Marijuana Act and the 1998 Voter Protection Act. But it likely doesn’t mean students or faculty with medical-marijuana cards will be free in the future to consume or possess marijuana:

The court panel said the state or the Legislature can still ban cannabis from campuses — they just can’t make it a crime.


“When it comes to marijuana, it seems the Legislature and the prosecutors will never learn the lesson they work for the voters. Thankfully, our judicial branch is here to consistently remind them.

“This is a victory for the power of Arizona citizens and their constitutional right to the initiative process.”

~ Ryan Hurley

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