Public Colleges and Universities Can Prohibit Medical Marijuana But Statute Modifying AMMA Unconstitutional

ASU student with medical marijuana card convicted of drug possession on campus despite having amount allowed by Arizona Medical Marijuana Act (AMMA). Reversed on appeal. AMMA amendment was unconstitutional to extent it violated the Voter Protection Act. Arizona v. Andre Lee Juwaun Maestas Arizona Legislation Prohibited Medical Marijuana on Public College and University Campuses The […]

Prior Convictions Are an Element of Felony Shoplifting in Arizona Law

Prior convictions are an element of the crime of felony shoplifting in Arizona law; shoplifting priors are not sentencing enhancements therefore bifurcating the trial was not required. Arizona v. Lara Bifurcated Trials and Prejudicial Impact of Prior Convictions on Juries Lara was convicted of felony shoplifting after stealing merchandise from a Walmart store. Because she […]

Arizona Medical Marijuana Card Affirmative Defense to Drug DUI

Defendants were medical marijuana cardholders convicted of drug DUI for operating a motor vehicle while under the influence of marijuana or its metabolite. Were defendants immune from drug DUI prosecution under the Arizona Medical Marijuana Act? Conviction affirmed on appeal. To learn more, read our discussion about drug DUI in Arizona law and how to […]

Marijuana Admission for TASC Drug Treatment Program Was Evidence at Criminal Trial

In this marijuana possession case, the statement made by defendant in order to participate in Maricopa County’s Treatment Assessment Screening Center (TASC) deferred prosecution program was admission of guilt used against him at trial; and was not barred by Ariz. Rule of Evidence 410(a)(4) which applies to plea negotiations. State of Arizona and Dustin Gill […]

Court Erred in Precluding Evidence of DUI Defendant’s Medical Marijuana Card

Defendant charged with marijuana DUI asserted a medical marijuana affirmative defense in the jury trial, but was erroneously precluded from submitting the medical marijuana card as evidence of his authorized use. Nadir Ishak v. Hon. C. McClennan and City of Mesa Prosecutor’s Office The defendant was stopped by police and charged with driving under the […]