Keenan Reed-Kaliher, Petitioner v. the Honorable Wallace R. Hoggatt, Judge of the Superior Court of the State Of…

Summary

The court held that Arizona’s medical-marijuana immunity provision protects a registered qualifying patient on probation from a probation condition prohibiting medical-marijuana use that complies with the statute. Such a condition is illegal and unenforceable, and the state-law protection is not preempted by federal drug law because it neither authorizes federal-law violations nor obstructs federal enforcement. The court also rejected the State’s waiver argument because the medical-marijuana law did not exist when Reed-Kaliher entered his plea and any such waiver would be ineffective. No separate opinions were filed.