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Home 🌿 Medical Cannabis News 🌿 AZ Supreme Court: Probationers Can't Be Denied Medical Marijuana 🌿AZ Supreme Court: Probationers Can't Be Denied Medical Marijuana
PHOENIX — The right of patients to smoke marijuana recommended by a doctor for medical conditions cannot be taken away by a judge, even if the person has been convicted of a crime, the Arizona Supreme Court ruled Tuesday.
In a pair of unanimous decisions, the justices rejected arguments by prosecutors in two separate cases that denying someone the ability to use medical marijuana is a legitimate condition for probation. Justice Ann Scott Timmer, writing one of the rulings, said that ignores the wishes of voters when they approved the Arizona Medical Marijuana Act in 2010.
Justice Rebecca Berch, writing the other, not only reached the same conclusion but rejected arguments by Cochise County prosecutors that federal marijuana laws preempt what voters enacted.
Cochise County Attorney Brian McIntyre said he thinks the justices missed the point of why a judge may conclude a criminal defendant should not be smoking marijuana,...
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