Friday, May 29, 2015

Arizona Court of Appeals: Medical Weed Patients Cannot Sell to Other Patients

Posted By on Fri, May 29, 2015 at 3:30 PM

click to enlarge COURTESY OF PHOTOSPIN
  • Courtesy of Photospin

The Arizona Court of Appeals ruled Wednesday that medical marijuana patients cannot sell weed to other patients. 

A write up by the Phoenix News Times' Ray Stern reports the 3-0 ruling overturned a July decision by a Pima County Superior Court judge that said these types of sales are good to go under the Medical Marijuana Act, which was approved by voters in 2010.

From Stern's post:
The ruling resulted in the dismissal of a marijuana-for-sale case involving Jeremy Allen Matlock of Tucson and caught the attention of prosecutors around the state. Marijuana activists and criminal defendants were buoyed by Fields' ruling, hoping their own cases would be tossed out.

The 2010 law calls for state-regulated dispensaries that are now in place across Arizona. But Matlock, with his public defender, attorney David Euchner, argued that the law grants patients the right to sell to other patients in two separate sections. 
As long as there is no exchange of values, you can share your medical cannabis with other cardholders. 

Home cultivation rights have been at the forefront of many weed advocates like the folks with Safer Arizona—not only because they argue their medication would be more affordable than buying it from a dispensary, but also to allow entities of a way smaller scale than dispensaries get some revenue from this growing market. The same was argued while the state's recreational marijuana ballot measured was being drafted.

Some background by Stern:
Before the first dispensaries opened in Arizona, operators of compassion clubs and would-be independent cannabis dealers set up shop themselves on basically the same premise used in the Matlock case. A lawsuit on the matter filed by former state AG Tom Horne fizzled without resolving the legal question of patient-to-patient sales. Some continue to operate under the theory that such sales are legal, despite successful prosecutions — so far only through plea deals — of unauthorized cannabis dealers. The new opinion makes such operations even dicier.

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