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.
This article appears in May 28 – Jun 3, 2015.
Seriously? SELLING Weed to people who arent LEGALLY able to get it – Of Course that would be ILLEGAL. What happened to common sense people? Like selling alcohol to someone who cant buy it… same same.
Patient to Patient is really the only way Medical related therapies using cannabis can be implemented. Like the story said the dispensaries owners are lottery winners in the retail Marijuana market. They have little if any knowledge of using Cannabis or physical ailments. The main question is what is you ailment? Next question is you want to feel muscle relation or do you want to feel up and active? Then it is the steer to new products Vaporizers shatter edibles sodas kiddy candies. Then there is the carnival pricing, punch card, daily specials, instant messing on extra discounts if you respond within the hour. I wonder the carbon footprint is on a ounce of pot. the ridiculous high electrical costs and during the summer in a grow facility. The drive across town for and deal on an 1/8 the amount of Air quality damage chasing hourly specials.
I an clearly see why the dispensary owners and members of law enforcement want to start a Dept Of Marijuana. They know better than anyone else the sham they are perpetuating on the Medical Patient. Safer AZ is giving classes where you can work in the cannabis at all levels with a 1 day course and $200.00 they now state you are certified to work in the Marijuana Industry. I understand Dave just sold the intellectual concerns that puts him right place for a position on the board and to select what certification process will be mandated.
The Public relations firm Marijuana Policy Project or “MPP” representing the dispensary owners & law enforcement is a go with the highest bidder as admitted by the owner. If legalized we are out of business so make it while it lasts. This is the mindset so pervasive in Arizona’s MMJ program Legalization will open the flood gates to huge amounts of different kinds of Marijuana products available to relax and limit the THC to trace amounts charge fantastic amounts in license and taxation. These places with have every last penny of disposal income the mentally challenged medically dependent and addicted resulting in a devastation not unlike Atlantic City of today.
The State of Arizona nee to come up with a medical standards on testing administrating the patient care and overall reporting to the state AZDHS on patient success or not and collect a data base on therapies and their success or failure. We don’t need legalization we need a Medical Marijuana that works.
Section 2 Article 13 of the Arizona State Constitution – their shall be NO law that upon the same terms does not provide equal protections to all class of citizens, business, and or individuals. The ruling by the court is in violation of state Constitutional rights. These biased judges just infringed on our rights, instead of looking at Jeremy matlock case in whole there biased interpretations of the law are not the law in itself it’s very clear and obvious who voted NO on proposition 203. The AMMA and the medical marijuana LAW was drafted to PROTECT medical marijuana patients and their caregivers not the dispensaries or their agents.
Simple math stupid . You can’t sell medical marijuana if you buy it and try to sell it to another cause it simply cuts out the government on taxes. Your not getting over them with it unless you report it to them.
I’m all for medical MJ being available to those who need it. Heck, I’m for just legalizing it and being done with this lame prohibition and moving on to other important matters. But this ruling seems pretty common-sense to me and if this is the process that we all have to take to eventually make this common weed legal then so-be-it. It’s great it was challenged in the courts, that’s what the system is there for, but lets abide by the ruling and move towards just making it legal.
blissinfinite;
I agree and the term”legal” has been and is being misused it is almost a non-defining ambiguous term. This new proposals being put forth are not even close to legalization. What they are is monopolizing market, using civil laws of monetary fines and seizures to fund community policing thus creating policing for profit.
Is this what you call moving on with legalization? Does anyone think this proposition is legalization? I would like the TW to take a poll it would be interesting
The City of Tucson just forgave a huge amount of frivolous civil warrants. With the understanding it was doing more harm limiting already stressed challenged for whatever reason citizens and cost to enforce. But the county now says most of its cost are courts and jail. However they are a state mandated judicial system and restraints follow state mandates they can just forgive. Which is a good reason to try to incorporate the economical parts of the county and have more community relations. As citizens we need to be aware of the limits of policing for profit of paying costs of policing & courts as they put it.
Carpetbaggers;
You bring up some interesting angles that I haven’t looked into. As with any issue there are many nuances and this is no different. I’ll be doing some more research into this. I guess it would just make things easier if it were just decriminalized on that national level.
blissinfinite;
I don’t want to over run this with posts. I appreciate you wanting to look into this and the time. there are two proposals gong forth now I will post the links read and determine for yourself.
MPP’s proposal https://www.regulatemarijuanainarizona.org/initiative-text/
Mindful proposition http://azfmr.com/our-initiative/initiative-language-complete/
the difference http://azfmr.com/our-initiative/why-were-different/
Marijuana should be regulated and leave the medical and recreational separated. I know the legalization will become a mutually disagreeable outcome for all. However I have a severe nerve condition I cant walk for very long without my old lady caregiver making me up a mixture of grown by her. I don’t have to worry about specials market supply freshness. This will all be gone for me under MPP’s. I sit down and discuss with my care giver my symptoms show her my blood work discuss problems sleeping at night. It has been a relief to be off the OXYcotton will be forced to go back if MMP’s proposal goes.
blissinfinite;
So for me this new ruling puts my caregiver out of business. The Hard to take is when I was a contractor 15 years ago I remodeled the only state operated methadone clinic Downtown by the Museum of Art. I inquired one day what a dose costs RE; $80.00. Is it a dose a day RE; depends on habit. Is this the only one in Tucson RE; no there are 5 this is the one run by the state the others are private. Really $29,000.00 a year that’s an average income for Tucson gross to be able to afford it you would have to make $100.000.00 a year . The Manager of the Clinic said the others are private and paid for by insurance. Those clinics are run by a community doctors org. This was 15yrs ago.
So this ruling basically states it’s ok to be a heroin addict we can help with that. we will give doctors prescriptions and that will give you some protection with employment and possession. Use cannabis therapy cant afford the outrages taxes poor quality if available drive over town spending time money chasing terpenes that are now gone because of bad storage. Waiting in room with some the stupidest people on the planet hoping to get some quality meds. Or make a call to my caregiver underground it is really my only option. And I am not a addict it is a preference to becoming one