Marijuana edibles are illegal in Arizona, even for medical patients

Arizona criminal defense attorneyAn Arizona court has ruled that much of what medical marijuana dispensaries sell in the state is illegal. People with legitimate medical marijuana prescriptions could now face prison or jail sentences.  

The problem happened in June 2018, when the state Court of Appeals ruled that anything extracted from marijuana is actually cannabis and that cannabis is still subject to criminal laws. This came 8 years after the state began legally dispensing various forms of cannabis to medical patients who obtained a medical marijuana license. It seems unbelievable, but it’s a loophole that was overlooked, until now. 

The ruling is expected to be appealed to the Arizona Supreme Court. But that comes too late for registered patient Rodney Jones, who was convicted in 2016 and sentenced to jail time for possession of cannabis and drug paraphernalia. 

The ruling has sent state dispensaries into turmoil, so it’s important to know what’s legal and what’s not.  

If you already have a medical marijuana license, you may already know what gets extracted from marijuana – mainly hashish and cannabis resin. These extracts are used to make so-called vaping products and all edibles, which are helpful to medical patients, especially the elderly.  

What is Illegal 

  • All edibles including food with cannabis extracts/hashish in the form of cookies, brownies, ice cream, lollipops, chews, crackers etc. 
  • Cannabis oil used in vape pens 
  • Tinctures, including those applied topically to the skin or orally  
  • Oils/concentrates – usually cooked into food 
  • Topicals – mainly for pain relief and applied to the affected part 

It’s still unclear whether medical marijuana dispensaries in Arizona will continue to sell these items, and, therefore, break the law. Several have said they will continue to do so. It’s even more unclear whether local prosecutors will ignore those actions and wait for the legal loophole to be closed. 

Who stands to lose the most? It could be you. If you have been arrested and charged with a crime, you need an experienced Arizona criminal defense attorney on your side. Contact us today to learn how we can help you.

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