Arizona Supreme Court

State of Arizona, Appellant v. Robert Gear, Appellee

May 6, 2016239 Ariz. 343

Summary

The court held that the Arizona Medical Marijuana Act does not immunize a physician from prosecution for falsely attesting that he reviewed a patient's medical records before issuing a medical-marijuana certification. The statutory term "solely" limits immunity to providing an authorized certification or stating a professional medical opinion, not to separate dishonest conduct related to the certification. The court vacated the appellate decision, reversed the dismissal of the indictment, and remanded for further proceedings.