Arizona Supreme Court Legalizes Cannabis Medical Extracts
The Arizona Supreme Court ruled that cannabis extracts meet the definition of medical cannabis under the Medical Marijuana State Act, according to a report by Phoenix New Times. The unanimous decision effectively prevents legislators and regulators from removing extracts from dispensary shelves in addition to protecting patients from pursuing possession of concentrates.
The state currently has a little more than 200 000 people participating in the program, including more than 196 000 patients served by approximately 130 clinics. More than 2,5 tons of edible products in 2018 were bought and according to the state records, plus 2,5 tons of products containing concentrates.
However, the decision did not prevent patients from extracting cannabis for concentrates or dispensaries from selling them. The police did not repress the clinics but some patients were arrested and sentenced following the lower court's decision, according to the report.
How did it start?
Rodney Christopher Jones was arrested in 2013 for possession of 1,4 grams of hashish and although he is a medical cannabis patient in the state, he was sentenced to two and a half years in 2014 prison. Last year, the state's Court of Appeal ruled against Jones and Judge Jon W. Thompson wrote in the majority opinion of the Court that the AMMA (Arizona Medical Marijuana Act) "says nothing about hashish ".
"We believe that the definition of marijuana includes both its leaf / dried flower form and the extracted resin, including hashish." - Arizona Supreme Court decision in the Rodney Christopher Jones case, via the New Times
The High Court ruled that state law "defines marijuana as all parts of the plant". The word "all", one of the most complete words in the English language, means exactly that. " The notice also explicitly protects patients and business owners against lawsuits for concentrates.
Jones' conviction was also overturned by the court.
Arizona's medical cannabis community and the commerce industry can finally breathe: The state's Supreme Court ruled a crucial appeal on Tuesday by unanimously opposing a crackdown on resin extracts. The parties in State of Arizona v. Rodney Christopher Jones were informed Tuesday after 10 morning that Jones had won his call.
The positive decision for the marijuana industry does not mean any change, ballpoint pen cartridges, concentrates like wax and crumble chips, infused foods and beverages, stamps, tinctures and news products will no longer be banned, as was feared.
The question of whether AMMA applies to resin extracts is now settled.
The news hit the cannabis scene in Arizona like a butane explosion. Concentrates have become an important and crucial part of clinic activity; some clinic operators described the potential ban on concentrates as a catastrophic scenario for the industry. Patients feared that the drugs that work for them are only available on the black market.
Clinics and patients, in a blatant demonstration of civil disobedience, completely ignored the decision of the court of appeal, continuing to manufacture, sell, buy and consume cartouches, infused sodas, pain cream, broken dabber and other products containing THC extracts.
The court's decision means that eligible patients no longer have to fear prosecution for using their medications in the most useful way.