[stickydank]

Arizona's medical-marijuana law is so vague, the state can't prosecute patients who sell pot to other patients, a Pima County Superior Court judge has ruled.

The offbeat July 2 ruling and dismissal of a criminal case by Judge Richard Fields has the potential to open up all sorts of entrepreneurial opportunities for Arizonans to sell marijuana legally -- if it survives an appeal.

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The case began with the October 8, 2013, indictment of Jeremy Allen Matlock on three felony counts in connection with the sale and growing of marijuana. Matlock's public defender, Sarah Bullard, filed a motion to dismiss the case based on the premise that Matlock was immune from prosecution.

Bullard argued that Matlock, a registered cardholder who was approved for cultivation at the time of his indictment, never violated the voter-approved Arizona Medical Marijuana Act because the law allows patients to sell marijuana to other patients.

Although voters in 2010 approved a system of regulated dispensaries to sell marijuana, part of the Act's text that is now enshrined in Arizona Revised Statute 36-2811 states that "a registered qualifying patient or registered designated caregiver is not subject to arrest, prosecution or penalty in any manner" for various marijuana-related offenses.

Here's where it gets interesting: Those qualified Arizonans can't be prosecuted "for offering or providing marijuana to a registered qualifying patient or a registered designated caregiver for the registered qualifying patient's medical use or to a registered nonprofit medical marijuana dispensary if nothing of value is transferred in return and the person giving the marijuana does not knowingly cause the recipient to possess more than the allowable amount of marijuana."

That's a mouthful, especially with no commas. But without punctuation, Judge Fields notes in his ruling, (see below for full text), it can be interpreted in at least two different ways. The Pima County Attorney's Office reads it one way -- that patients and caregivers can't sell give their pot to anyone if something of value is transferred.

Bullard and her client wanted the clause read in a different way.



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Pima County Superior Court Judge Richard Fields
Read her way, the whole "nothing of value" part affects only those cases in which the patient sells to a dispensary.

Another clause in the law states, "Any cardholder who sells marijuana to a person who is not allowed to possess marijuana for medical purposes" will have his or her card revoked, implying that a cardholder who sells pot to a person who is allowed to possess it under the AMMA would not face revocation.

Arizona's "rule of lenity" requires that if a law has more than one interpretation, the one more lenient to the defendant must be applied.

Put it all together, Fields writes, and the law "necessarily implies that a qualifying patient can sell marijuana."The state may have an additional hurdle to obtain a conviction under these interpretations, because "in order to violate the statute, one must BOTH transfer marijuana for something of value, AND knowingly cause the recipient to receive more than the allowable amount. In this case, the Defendant did not transfer more than the allowable amount -- there is no way to meet the knowing element."

In a bizarre reference to the musical group ABBA, Fields jokes that, "Ultimately, the acronym (AMMA) is so close strikingly similar to the name of a particular overly-sweetened Swedish pop band that the AMMA truly deserves to be analyzed as a penal statute."

Fields concludes the four-page ruling by stating that the law "is very poorly drafted and needs a lot of work. This Court finds that the statute is ambiguous, does not give a person of ordinary intelligence notice as to how it can be violated, and therefore the indictment is insufficient as a matter of law."

He dismissed Matlock's entire criminal case.