dobson/anderson v. Hon. mcclennen/mesa Prosecutor

Summary

The court held that the Arizona Medical Marijuana Act does not immunize a registered medical-marijuana patient from prosecution for driving with marijuana or an impairing metabolite in the body. Instead, the Act provides an affirmative defense requiring the patient to prove by a preponderance of the evidence that the use was authorized and the concentration was insufficient to cause impairment. Because the petitioners offered only their registry cards and no evidence concerning concentration or impairment, any exclusion of the cards was harmless, so their convictions were affirmed and the court of appeals' decision was vacated.