In a transfer that’s thrown sufferers and dispensary house owners into confusion, Arizona’s lawyer basic Mark Brnovich posited in courtroom filings that solely dried marijuana must be obtainable for medical consumption. The filings recommend that possession of cannabis be deemed a criminal offense—an concept that, if enforced, might have dire penalties for those that use oils, extracts, or any meals product made with the plant.
At the crux of Brnovich’s argument is his place that the voters who okay’d Arizona’s 2010 Medical Marijuana Act have been authorizing using “usable marijuana,” which he defines as “the dried flowers of the marijuana plant, and any mixture or preparation thereof.” Extending this definition to embrace extracts is an “unreasonable” interpretation of the regulation, he says.
Of course, not everyone seems to be on board with this interpretation of the eight-year-old regulation. “It started with the marijuana flower and ended up with hashish,” Will Humble, former state well being director, informed Capitol Media Services.
Humble headed the staff that wrote Arizona’s medical marijuana laws and says he doesn’t share Brnovich’s imaginative and prescient that hashish merchandise ought to unlawful for the state’s sufferers. Furthermore, he famous that his earlier division continues to regulate the sale of edible hashish merchandise.
In a sworn Supreme Court affidavit, Humble said: “I believe that it’s unreasonable to conclude that the [Arizona Medical Marijuana Act] does not provide for mixtures and preparations of marijuana such as extracts, resins and edibles made with extracts.”
The state’s controversy over cannabis shouldn’t be with out sure precedent. In 2013, Arizona’s Board of Appeals sentenced Rodney James to 2.5 years in jail for possessing of .05 ounces of cannabis. Judge Kenton Jones expressed his distinction in opinion writing that “the resin extracted from the marijuana plant—cannabis—is part of the plant… just as sap is part of a tree.”
Jones is way from the one Arizona official who believes the uncooked plant is the one acceptable type of medical hashish. “Such an interpretation reduces, if not eliminates, medical marijuana as a treatment option for those who cannot take it in plant form, or could receive a greater benefit from an alternative form,” wrote Katherine Cooper, a Maricopa Country Superior Court Judge, in a 2014 ruling.
In that call, Judge Cooper dominated that proscribing the types during which medical marijuana sufferers might entry the drug “reduces, if not eliminates, medical marijuana as a treatment option for those who cannot take it in plant form.”
For its half, the state’s well being division has put out a press release that it might “comply with any decision of the Arizona Supreme Court.” Arizona’s 180,000-plus medical marijuana sufferers will certainly be keen to see the matter resolved.