By Javier Hasse, Benzinga Staff Writer | Article published by Marketwatch
The Arizona Court of Appeals ruled hashish isn’t protected by the 2010 Arizona Medical Marijuana Act. While the decision will most certainly be appealed to the Arizona Supreme Court, the ruling has the potential to impact patients’ use and possession of certain extracted cannabis products such as oils, waxes, and shatters.
“If this ruling is upheld, it would be an enormous miscarriage of justice that undermines the cornerstone of Arizona’s medical marijuana program, which is to protect our patients,” said Laura A. Bianchi, Esq., partner and cannabis law department director at Rose Law Group in Scottsdale, AZ. “In reviewing an Arizona criminal case, the Court of Appeals fashioned a new definition of hashish that created a direct conflict between our criminal code and Arizona’s medical marijuana law. Unless this decision is overturned – and I believe there is ample legal justification to presume it will be – the resulting inconsistencies and lack of clarity will most certainly jeopardize the medical marijuana program that Arizona voters approved, as well as place enormous liability on our patients, caregivers, license holders, and the community as a whole.”
