Californians who have a valid medical marijuana recommendation can use it to receive legal protections under Arizona state law, a court of appeals has ruled.
A three-judge Arizona Court of Appeals has ruled that a man’s medical marijuana recommendation obtained from a California physician provides him with the same legal immunity as those who have a medical marijuana card that was issued in Arizona. The ruling upholds a La Paz County Superior Court judge’s dismissal of drug possession charges stemming from a 2016 traffic stop of Stanley Kemmish Jr.
During the case Arizona prosecutors argued that Kemmish’s medical marijuana recommendation wasn’t the equivalent of Arizona’s state-issued cards. However, the court disagreed, saying that Kemmish’s recommendation makes him a “visiting qualifying patient” under the Arizona law, giving him equal protection.
The ruling immediately sets a precedent across Arizona, allowing anyone with a California recommendation to receive protection under Arizona’s medical marijuana program.