Criminal Law Article

Arizona Supreme Court Overturns Decision on Marijuana Extracts

On May 28, 2019, the Arizona Supreme Court voted unanimously to reverse the Court of Appeals 2018 decision on medical marijuana.  The Court of Appeals rule limited Arizona’s Medical Marijuana Act to only the flowers of the marijuana plant, making extracts of the plant illegal to sell or possess.  The Supreme Court’s decision settles the issue for good and ends several years of turmoil and uncertainty for medical marijuana cardholders. 

What Was Behind the Dispute?

When the Arizona Medical Marijuana Act (AMMA) was passed in 2010, dispensaries opened around the state.  In addition to selling the dried flowers that can be smoked, the dispensaries sold other marijuana products.  They sold marijuana laced massage oils, vaping products, and brownies.  They also began selling CBD oil, small quantities of THC, hashish, marijuana lollipops and other edibles.  The crux of the dispute is that most of the derivative products are made, not from the flower of the plant, but from the sap, and products made from the sap may have more psychoactive ingredients.

Medical marijuana is used to treat a variety of conditions, including glaucoma, chronic pain, seizure disorders, and nausea in cancer patients.  Marijuana has been found to be highly effective in the treatment of chronic pain.  There are many patients with a marijuana card who cannot or should not smoke the product.  That’s where the extracts come in.  For example:  a chemotherapy patient with nausea may find relief by sipping a marijuana drink or sucking on a lollipop.  Smoking the drug is not an option.

Legal Backdrop for the Case.

The case, State of Arizona v. Rodney Christopher Jones, arose in 2013, when Jones, who had a valid medical marijuana card, was arrested in Yavapai County.  Jones was arrested for possession of 0.05 ounces of hashish, a marijuana product.  Jones was convicted of possession of a narcotic substance and possession of drug paraphernalia.  He was sentenced to 2.5 years in prison for the hashish and a concurrent one-year sentence for possession of the little jar.  Rodney appealed his conviction to the Arizona Court of Appeals. 

The Court of Appeals ruled on the case last year, using a very narrow interpretation of the statute to reach its decision.  Basically, the Court held that the AMMA covers only the flower of the marijuana plant and does not include extracts and edible products containing extracts. The Court of Appeals upheld Rodney Jones’ conviction.  Jones asked the Arizona Supreme Court to review the decision.  He was supported by Amicus briefs from the ACLU and the medical marijuana industry.  The Arizona Supreme Court agreed to hear the case.  It considered this a case of state-wide significance.

The Supreme Court Decision.

Oral arguments on the case were held on March 19, 2019.  Some of those present reported that the Yavapai County Attorney’s office came across poorly during the argument.  That was enough that county prosecutors across the state halted all prosecutions of cases for possession of marijuana extracts and edibles.

On May 28, the decision came down from the Arizona Supreme Court, holding that the Court of Appeals was incorrect in its interpretation of the statute. The opinion states:

We hold that the definition of marijuana in [statute] includes resin, and by extension hashish and that immunizes the use of such marijuana consistent with AMMA.

Vice Chief Justice Robert Brutinel, who authored the opinion on behalf of the unanimous Court also wrote:

AMMA defines “marijuana” as “all parts of [the] plant.”  §36-2801(8).  The word “all,” one of the most comprehensive words in the English language, means exactly that.

The Arizona Supreme Court decision is the final word on interpreting the AMMA.  Jones’ conviction was reversed, and his record was cleared.  However, that isn’t much consolation for Jones who unnecessarily spent 2 ½ years in prison for something that is not a crime under the statute. 

The ruling means that Arizona’s medical marijuana industry will grow and flourish.  People who are unable to smoke the drug can obtain extract products and edibles that meet their needs.  Arizona has officially joined those states with liberal medical marijuana laws.

Resources

www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2019/State%20v.%20Jones%20Opinion.Final.pdf

www.ktar.com/story/2620771/ariAzona-supreme-court-decision-boosts-medical-marijuana-industry/

www.mjbizdaily.com/arizona-supreme-court-rules-medical-marijuana-extracts-infused-products-legal/