Medical marijuana has been a hotly contested topic throughout Arizona for the past couple of years. In May 2011, Governer Jan Brewer and Attorney General Tom Horne filed a lawsuit against the passing of Arizona Prop 203 and ever since there has been major confusion about the Arizona marijuana laws.
When it was passed, Arizona’s medical marijuana initiative (Prop 203):
- Allows terminally and seriously ill patients who find relief from marijuana to use it with their doctors’ approval.
- Protects seriously ill patients from arrest and prosecution for the simple act of taking their doctor-recommended medicine.
- Permits qualifying patients or their caregivers to legally purchase their medicine from tightly regulated clinics, as they would any other medicine—so they need not purchase it from the criminal market.
- Permits qualifying patients or their caregivers to cultivate their own marijuana for medical use if a regulated medical marijuana clinic is not located within 25 miles of the qualifying patient.
- Creates registry identification cards, so that law enforcement officials could easily tell who was a registered patient, and establish penalties for false statements and fraudulent ID cards.
- Allows patients and their caregivers who are arrested to discuss their medical use in court.
- Keeps commonsense restrictions on the medical use of marijuana, including prohibitions on public use of marijuana and driving under the influence of marijuana.
Since the lawsuit regarding the passing of Prop 203 was filed, at least six approved medical marijuana patients have been arrested. Each arrest later ended in all charges being dismissed but this has approved medical marijuana card holders worried and confused about their rights and the what the lawsuit means for them.
Protecting Your Rights
At Naegle & Crider Criminal Defense Attorneys, we advise all medical marijuana patients to stand up for their rights to legally use and obtain marijuana if they are a registered cardholder. These individuals are currently in accordance with the law. Keep your card with you at all times and become educated on probable cause, for example, presenting your card to an officer after being pulled over for a traffic violation is not probable cause to search your vehicle, but the smell of marijuana in the car might be.
Until medical marijuana dispensaries are allowed to open, anyone with a valid medical marijuana card can grow up to twelve plants for personal use anywhere in Arizona. These individuals are also allowed to possess up to 2 ½ oz.
If you’re facing drug possession charges of any kind, it will be in your best interest to consult immediately with an drug defense attorney in Mesa AZ. Charlie Naegle has extensive experience defending and winning drug possession charges and follows Arizona drug law and Arizona medical marijuana law very closely. Charlie will work with you directly to see that your case is handled fairly while you receive the best possible outcome.
Charlie Naegle is a Mesa drug defense attorney who works with individuals in Mesa, Tempe, Chandler, Phoenix, Gilbert, Apache Junction, Scottsdale, Paradise Valley and Glendale. The Naegle Law Firm has offices in Mesa, Arizona and Phoenix, Arizona for convenient access across the Phoenix metropolitan area.
For more information or to schedule your free, private consultation, call 480-245-5550 immediately.