Two cases before the Arizona Supreme Court will decide whether probationers can use medical marijuana. This issue is sandwiched between conflicting laws. There are two sets of legal discrepancies.
First, a state law about probation says while serving a probationary term, one can’t use any drugs, including marijuana. But the Arizona Medical Marijuana Act allows those diagnosed with certain conditions to use the drug.
Jared Keenan, the lawyer for a probationer in one of the cases, argued the medical marijuana law is intentionally broad to protect cardholders.
“Patients can no longer be placed in a position where they’re forced to choose between liberty and their medicine,” Keenan said. “That’s the public policy behind the law."
The second conflict is between state and federal law. In this case, the Yavapai County Attorney’s office added provisions to all plea agreements banning the use of marijuana.
State Attorney Dennis McGrane claims the office put that language in agreements because federal law said marijuana has no medical use and that negates the state medical marijuana law known as AMMA.
“AMMA, whether you like it or not, is a law of the state of Arizona," said Justice Rebecca White Berch. "So don’t we just have an official who disagrees with the law of the state and says 'therefore I am not going to enforce it.'”
“The supremacy clause says we are bound by the laws, but it’s clear that we don’t have to enforce them," said McGrane.
He argues federal law overrules state law when the two are at odds. The decisions are expected in the next few months.
EDITOR'S NOTE: This article has been modified to reflect the correct spelling of Rebecca White Berch.
Updated 1/15/2015 at 9:18 a.m.
