Arizona Criminal Law and Procedure Blog

Arizona Courts May Not Deny Medical Marijuana to Probationers

Posted by Adam Bleier | May 06, 2015 | 0 Comments

In two recent rulings the Arizona Supreme Court has ruled that lower courts may not prohibit probationers who are otherwise valid users of medical marijuana.  

“The State nonetheless argues that prohibiting one convicted of a drug crime from using marijuana should be permitted because it is a reasonable and necessary condition of probation,” wrote Justice Rebecca Berch. 

“Our job here, however, is not to determine the appropriateness of the term, but rather to determine its legality. While the State can and should include reasonable and necessary terms of probation, it cannot insert illegal ones,” the justice said.

About the Author

Adam Bleier

Mr. Bleier devotes 100% of his practice to criminal defense. He defends clients in state and federal court at both the misdemeanor and felony level. He also takes on appeals and post-conviction cases.

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