Kristina R. Dobson v. the Honorable Crane McClennen, Judge of the Superior Court of the State of Arizona, in and For…

Summary

The court held that the Arizona Medical Marijuana Act does not categorically immunize a registered qualifying patient from prosecution for driving with marijuana or its impairing metabolite in the body. Instead, it provides an affirmative defense when the patient proves by a preponderance of the evidence that the use was authorized and the concentration was insufficient to cause impairment. The court also held that any error in excluding the medical-marijuana registry cards was harmless because the petitioners offered no evidence concerning concentration or lack of impairment.