ARIZONA: Arizona’s medical-marijuana law is so vague, the state can’t prosecute patients who sell pot to other patients, a Pima County Superior Court judge has ruled.
The offbeat, July 2 ruling and dismissal of a criminal case by Judge Richard Fields has the potential to open up all sorts of entrepreneurial opportunities for Arizonans to sell marijuana legally — if it survives an appeal.
The case began with the October 8, 2013, indictment of Jeremy Allen Matlock on three felony counts in connection with the sale and growing of marijuana. Matlock’s public defender, Sarah Bullard, filed a motion to dismiss the case based on the premise that Matlock was immune from prosecution.
Bullard argued that Matlock, a registered cardholder who was approved for cultivation at the time of his indictment, never violated the voter-approved Arizona Medical Marijuana Act because the law allows patients to sell marijuana to other patients.
Although voters in 2010 approved a system of regulated dispensaries to sell marijuana, part of the Act’s text that is now enshrined in Arizona Revised Statute 36-2811 states that “a registered qualifying patient or registered designated caregiver is not subject to arrest, prosecution or penalty in any manner” for various marijuana-related offenses.