Advent of medical marijuana has Arizona courts at odds

Arizona courts appear at odds over the possible impact of legalized medical marijuana on the ability of police to conduct searches prompted solely by officers smelling the drug.

In one case, a three-judge panel of the state Court of Appeals ruled Thursday that a police search of a man's car during a traffic stop was permissible because an officer smelled burnt marijuana.

The panel rejected a defense argument that legalized medical marijuana means police must assume that any marijuana they smell or see is lawful until shown otherwise.

However, a different panel of the same court ruled Monday in a different case that legalization of medical marijuana means circumstances other than mere possession now determine whether there's a legal basis for a search.

Demanding evidence of criminal activity "beyond the mere scent of marijuana" strikes a reasonable balance that preserves individuals' rights to privacy, Judge Peter Eckerstrom wrote in that...

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URL: 
http://www.abc15.com/news/state/advent-of-medical-marijuana-has-arizona-courts-at-odds