As you may have already heard, the Arizona Court of Appeals has recently decided that “Hashish” and the “resin extracted from Marijuana” do NOT fall under the legal definition of “Usable Medical Marijuana” in the Arizona Medical Marijuana Act. As such, a Medical Marijuana Patient can now be charged with “Possession of Narcotic Drugs”, a Class 4 FELONY, for possessing these products.
Rather than going on and on about how and why this Arizona Court of Appeals decision is ridiculous and absurd, we’ll skip right to the point and say that AZFMR completely disagrees with the Arizona Court of Appeals decision and we fully expect that the Arizona Supreme Court will overturn this decision within the next 12 months.
In the meantime, this now means that Arizona’s Medical Marijuana Patients can now be arrested and charged with a Class 4 FELONY for possessing “Hashish” and the “resin extracted from Marijuana”.
The exact definitions of “Hashish” and the “resin extracted from Marijuana” are unclear, and many of Arizona’s Dispensaries have interpreted that this Arizona Court of Appeals decision does not apply to the Medical Marijuana Concentrates that they sell. All but 2 of Arizona’s State-Licensed Dispensaries have indicated that they will continue selling Medical Marijuana Concentrates to legal Arizona Medical Marijuana Patients.
However, it also appears that a Medical Marijuana Patient could now theoretically be arrested and charged with “Possession of Narcotic Drugs”, a Class 4 Felony, simply for possessing a Medical Marijuana Concentrate that they purchased legally from a State-Licensed Dispensary.
In an effort to protect any Medical Marijuana Patients who end up being arrested and charged with a “Possession of Narcotic Drugs” charge as a result of this recent court decision, the “Arizona Dispensaries Association” has created a special “Legal Defense Fund” to assist these Patients. Another dispensary organization, the “Marijuana Industry Trade Association”, has also pledged to contribute money to this special “Legal Defense Fund”. Both of these Arizona Dispensary organizations should seriously be commended for taking steps to help protect Medical Marijuana Patients who are wrongfully charged as a result of this recent decision.
As an organization whose main focus is protecting Medical Marijuana Patients and Marijuana Consumers, we understand that we must be PROACTIVE in our efforts to educate Medical Marijuana Patients about this important issue. The special “Legal Defense Fund” created by the Arizona Dispensary organization is an amazing gesture, but in a perfect world, we’ll be proactive enough to help stop any suffering before it even starts.
In order to get information out quickly and efficiently to as many Medical Marijuana Patients as humanly possible, we’ve decided to prepare a short list of “Frequently Asked Questions” to address the most common questions that we’ve received about the Arizona Court of Appeals decision regarding Medical Marijuana Concentrates in Arizona.
On July 2, 2018, we were fortunate enough to participate in a very important and productive legal discussion that was hosted by Tom Dean and Gary Smith of the Arizona Cannabis Bar Association. Our main goal was to ask a few key questions seeking guidance specifically related to protecting Medical Marijuana Patients. We received lots of good information, but the information desperately needed to be organized and summarized into a short FAQ in order to reach more people.
While the information provided in our list of “Frequently Asked Questions” was indeed presented to these Marijuana Attorneys directly, these answers do NOT constitute legal advice and are for informational purposes only. If you have a specific question that requires legal advice, these attorneys will answer your questions FOR FREE, so don’t hesitate to contact them directly!