In a ruling issued today by the Arizona Supreme Court, justices upheld an appellate court decision striking down a 2012 law that sought to forbid medical cannabis access on college campuses.
Justices opined that the 2012 law was unconstitutional because it impermissibly sought to amend the Arizona Medical Marijuana Act, which voters passed in 2010. State law limits the legislature’s ability to amend, repeal, or supersede voter-initiated laws.
“Because the AMMA sets forth a list of locations where the legislature may impose ‘civil, criminal or other penalties’ when a person possesses or uses marijuana, § 36-2802, and because that list does not include college and university campuses (unlike pre-, primary-, and secondary-school grounds), we assume that the voters did not intend to criminalize AMMA-compliant possession or use of marijuana on public college and university campuses,” the court ruled. It further rejected the state’s claim that a campus-wide ban was necessary in order to preserve universities’ federal funding.
“If the State had prevailed, they could then have tampered with any and all ballot initiatives, past, present, and future,” said Dean. “This is a victory for all Arizona voters and especially for medical marijuana patients.”
The ruling sets aside the felony conviction of defendant Andrew Lee Maestas, who was initially charged and found guilty of the possession of 0.4 grams of marijuana despite his status as a state-registered medical cannabis patient.
The case is Arizona v Maestas, No. CR-17-0193-PR.
|On marijuana and opioids — the DEA has no clue what it’s talking about The HillFull coverage|
|Ohio Attorney General certifies marijuana legalization petition Cincinnati.comAttorney General certifies marijuana legalization petition fox8.comWhat we know now about efforts to put marijuana back on the ballot MyDaytonDailyNewsFull coverage|
|Maine House overturns governor’s veto of marijuana bill The HillLegislature overturns LePage veto on recreational marijuana bill Press HeraldFull coverage|
|University of Utah to research effect of cannabis on the brain fox13now.comFull coverage|
Stoner comedy icons Cheech & Chong did their duty this year and played a 4/20 show at Port Chester’s Capitol Theatre…
A new women’s retreat in Jamaica helps you connect with yourself in the post #metoo era – through magic mushrooms