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Arizona: Appellate Court Strikes Down Law Banning Medical Marijuana On Campus

  • by Paul Armentano, NORML Deputy Director April 10, 2017

    Marijuana and the LawAn Arizona appellate court has ruled that a 2012 state law prohibiting the use of medical cannabis on college campuses is unconstitutional. Lifetime NORML Legal Committee member Tom Dean represented the patient-defendant in the case pro bono.

    Arizona voters in 2010 narrowly approved a statewide initiative, the Arizona Medical Marijuana Act (AMMA), permitting qualified patients to possess and use medicinal cannabis. The Court determined that the legislature’s decision to later amend the law in order to restrict medical marijuana use on college campuses does not “further the purpose” of the 2010 law and therefore must be struck down.

    “By enacting A.R.S. § 15-108(A), the Legislature modified the AMMA to re-criminalize cardholders’ marijuana possession on college and university campuses,” the Court opined. “The statute does not further the purposes of the AMMA; to the contrary, it eliminates some of its protections.”

    The Court argued that campuses and university possess the authority to enact their own individual policies restricting medical cannabis use, but that lawmakers can not do so.

    The decision overturned a medical-marijuana card holder’s 2015 felony conviction for the possession of a small quantity of cannabis while attending Arizona State University.

    The Arizona Attorney General’s Office has not yet publicly stated whether they intend to appeal the ruling to the state Supreme Court.

    10 Responses to “Arizona: Appellate Court Strikes Down Law Banning Medical Marijuana On Campus”

    1. eddy cole says:

      The marijuana Prohabition is UNCONSTANTUTIONAL from the get go. How is there a Law that punishes on the ASSUMPTION of Ones Action and NOT ON THEIR ACTIONS. PROPAGANDA BULLSHIT. LOVE MY COUNTRY BUT MONEY GRUBBING GOVERNMENT CAN KISS MY GOD GIVING FREE WILL AMERICAN ASS!!

    2. Nancy says:

      Thank you Tom Dean for your pro bono work and helping the judge to establish case law to further the legal rights of those in need.

    3. Leroy says:

      Does not seem to be a more relevant, recent, featured story or blog for me to ask this in hopes of valuable input.

      Question for anyone that might venture a guess, especially hoping for a response from our NORML leaders:

      Why has the current administration not been cornered with questions regarding cannabis policy? Why is Spicer not getting questions on this topic on a daily basis until he or Trump finally provide worthwhile answers?

      I know there are many pressing issues that many consider far more important than marijuana, but the issue is important to many of us. Status quo is not acceptable in my opinion, and of course reversing course is also not acceptable.

      Congress continues to drag their feet or deny the will of the people completely, so we need the executive branch to discuss marijuana so the house and Senate might be called to action.

      I don’t agree with the Trump bashing, doom and gloom mentality. Sessions is a POS, and a renewed war on drugs is obviously his preference, but I’m not sold on the idea that Trump is taking that stance with marijuana, whether medicinal or recreational.

      Anyone know why the MSM is not putting more pressure on the administration?

      • Leroy says:

        And I know several new items have been introduced recently, but legislation is rejected constantly.

        The media should do more to bring awareness to the public so Congress and Trump can hear more outrage when they quietly shoot down the will of the people. Shouldn’t the hound Spicer everyday? It’s a valid topic. One less question about collusion with Russia each day would leave room for a question about marijuana.

        • Mark Mitcham says:

          @ Leroy,
          I’ll take a whack at that one. These are fair questions that deserve a fair answer.

          First of all, we need to understand who our real enemy is: Corporate America. Once you understand this, all else falls into place. Corporate America doesn’t want marijuana legalized. Why? Because of money. They can’t make a profit off a medicine that is already perfect and free. Further, marijuana represents competition to Corporate America.

          Corporate America doesn’t love America. Americans are just cattle to them — cash cows,actually. There is nothing in the data points of Capitalism that promotes the health of Americans — only the “health” of their profit margin.

          Now. Corporate America has bought, and owns, the MSM, and most of the politicians. So,they do their bidding and carry their water for them.

          That’s why!

          • Mark Mitcham says:

            One more thing — Trump is just as bad as Sessions. Don’t be played for a sucker. Trump doesn’t give a fuck about anything but himself, and he is a corporate drug warrior of the most despicable sort.

    4. Matt says:

      ARTICLE JUST TODAY on Sessions, please post. I can’t believe all the Sessions support comments!

      http://www.newsweek.com/no-good-will-come-sessions-reigniting-war-drugs-582493

      Also, we have a new drug czar coming and he is no friend of legalization either! Shame.

    5. Matt says:

      Another GREAT article. PLEASE post, I am only posting here in case this page is not updated today. 3 new bills in Congress…..

      https://www.yahoo.com/finance/m/395029e8-f9ea-326c-b8b2-1daa5f59c7bc/ss_in-case-you-missed-it%2C.html

      [Paul Armentano responds: These measures were publicized on the blog upon their introduction: http://blog.norml.org/2017/03/30/marijuana-treated-like-alcohol-legislation-filed-in-senate-and-house/. You can contact Congress in support of these and other pending federal bills via: http://norml.org/act.

    6. TheOracle says:

      I don’t want Tom Marino as the new drug czar. He sounds like a real dirtbag to me. He’s not related to the football player Dan Marino.

      https://en.wikipedia.org/wiki/Dan_Marino

      http://www.alternet.org/drugs/trump-drug-czar-nominess-tough-colombian-peasants-not-big-pharma?akid=15407.130551.ytzivx&rd=1&src=newsletter1075388&t=6

      http://www.marijuana.com/blog/news/2017/04/trump-to-appoint-rep-tom-marino-as-americas-drug-czar/

      His home state of Pennsylvania has MMJ so I expect him to leave the whole thing up to the states, states’ rights, and just remove cannabis from the schedule altogether. The individual states would then have to keep marijuana in their respective state versions of the CSA Schedules.

      I am stuck living in Pennsylvania, sell-out to BIG WEED that it’s shit MMJ law is, and there still are no dispensaries. This guy comes from the part of the backwoods part of the state that is doesn’t have a large population. It’s time to stop hunting your neighbors and constituents. If you maintain prohibition don’t bother coming back to the state because we’re better off without you. The state needs that steady source of cannabis revenues, and you need to pave the path to legalization. Just stay out of the way.

    7. Julian says:

      Good work Tom Dean! Pro bono legal defense of our freedom: that is honorable my friend. Arizona University better treat you to some medical marijuana for your legal pains! :-)

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