A three-judge panel upheld that a physician recommendation for cannabis under California’s Compassionate Use Act is equivalent to cards issued under Arizona’s Medical Marijuana Act.
The decision upholds an earlier ruling by a La Paz County Superior Court judge.
The question centered on a 2016 case in which state police pulled over Stanley Kemmish Jr., who had a California medical marijuana card. Kemmish was indicted on one count of possession of narcotic drugs, and one count each of possessing marijuana and drug paraphernalia.
Kemmish argued he was allowed to possess the items under Arizona’s medical marijuana law because he had a doctor’s recommendation for the cannabis.
Prosecutors disagreed, saying the physician letter was not equivalent to possessing a medical-pot patient card, issued by the Arizona Department of Health Services.
For its decision, the appellate court’s panel relied on the voter-approved Arizona Medical Marijuana Act, which gives “visiting qualifying patients” the same immunity as those with Arizona medical marijuana cards, the ruling says.
“Whether another state’s medical marijuana law requires an identification card, a physician’s letter, or some other documentation is immaterial, so long as the documentation is sufficient under the law of the issuing state,” the court opinion states.
Out-of-state medical marijuana users are not allowed to buy marijuana from Arizona dispensaries, however.