Arizona Appellate Court Allows Probationer To Use Medicinal Marijuana
August 12, 2014
On Friday, a three panel Appellate Court ruled that those on probation could still use medicinal marijuana. This assumes of course that the individual on probation has a valid medicinal marijuana patient card. The case in question involved an appeal of a Cochise County Superior Court, ruling that denied a drug-case probationer’s request to allow him to use medicinal marijuana.
At the trial level, the probationer entered a plea in which he agreed not to use any narcotic drug, including marijuana. The majority held that while the trial Court is within its power to prohibit the use of marijuana as part of a probation order, it cannot usurp the medicinal marijuana law’s provision that exempts the use of marijuana for medicinal purposes.