Arizona Supreme Court

dobson/anderson v. Hon. mcclennen/mesa Prosecutor

November 20, 2015

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 when the patient proves by a preponderance of the evidence that the concentration was insufficient to cause impairment. The court further held that any error in excluding the petitioners' registry cards was harmless because they offered no evidence supporting that defense.