The Arizona Supreme Court ruled on May 28, 2019, that marijuana extracts and resin are protected under the Arizona Medical Marijuana Act in a case called State v. Rodney Jones.
- If you are a medical marijuana cardholder, you have the right to carry up to 2.5 ounces of leafy marijuana or its equivalent in concentrated form found in products like hash, shatter, wax, and edibles.
- If approached by a police officer, you have the right to remain silent. You do not have to answer any questions about medical marijuana products you may be carrying, but if you do, inform the officer that you are a qualifying patient under the Arizona Medical Marijuana Act and inform the officer that you can show them your medical marijuana card. If you wish to exercise your right to remain silent, say so out loud: “I do not want to speak to you. I am choosing to remain silent.”
- If approached by a police officer, you do not have to consent to a search of yourself or your belongings. Police may pat you down if they suspect a weapon. Refusing consent may not stop the officer from carrying out the search against your will but making a timely objection can help preserve your rights in any later legal proceeding. You should say, “I do not consent to a search.”
- If you are arrested by police, you have the right to a court-appointed lawyer if you cannot afford one.
How to reduce your risk when interacting with law enforcement
- Always carry your medical marijuana card. If an officer questions you about your possession of medical marijuana, you may want to inform the officer that you can show them your medical marijuana card.
- Don’t run, resist, or obstruct officers. Do not lie or give false documents. Keep your hands where the police can see them.
What to do if you are arrested or detained
- Say you wish to remain silent and ask for a lawyer immediately. You should say, “I do not want to speak to you. I am choosing to remain silent. I want to speak to a lawyer.” Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer present
- If you have been arrested by police, you have the right to make a local phone call. The police should not listen if you call a lawyer. They can and often do listen if you call anyone else.
What to do if you’ve been convicted for using extracts in the past
Medical marijuana cardholders can file a petition for post-conviction relief. It is advised to consult with an attorney before filing for post-conviction relief. The forms can be found at the following links:
- Maricopa County: https://superiorcourt.maricopa.gov/media/3089/crpcr1z.pdf
- Yavapai County: http://courts.yavapai.us/Portals/1/Documents/PETITION-FOR-PCR.pdf
- Pima County: https://www.sc.pima.gov/Default.aspx?tabid=197
- Cochise County: https://www.cochise.az.gov/sites/default/files/court_administration/2.PetitionforPost-ConvictionRelief.pdf
- Pinal County: http://www.coscpinalcountyaz.gov/assets/01-post-conviction-petition---instructions.pdf
- Mohave County: https://www.mohavecourts.com/court%20forms/Clerks%20Office/Criminal/CRPetitionPostConvictionRelief-sc.pdf
- Gila County: http://www.gilacountyaz.gov/government/courts/clerk_of_the_court/docs/PetitionPostConvictionRelief.pdf
- Graham county: https://www.graham.az.gov/DocumentCenter/View/867/G8-Post-Conviction-Relief-PDF
- All Other Arizona Counties: https://www.azcourts.gov/Portals/34/Forms/CRPCR11F.doc