Arizona’s medical marijuana patients could find out this October if they have a constitutional right to cultivate their own marijuana.
Judge Katherine Cooper of Maricopa County Superior Court said on October 18th she will consider a bid by the Arizona Department of Health Services to have a lawsuit about medical marijuana patients having a constitutional right to grow their own marijuana thrown out. Assistant Attorney General Gregory Falls is attempting to convince Judge Cooper that nothing in the Arizona Constitution refers to patients making their own medicines.
If Judge Cooper doesn’t agree with Mr. Falls, she will hold a hearing on October 21 to allow Michael Walz (attorney for two medical marijuana patients fighting for their right to grow their own marijuana) to explain why she should order Health Department Director Will Humble to let the patients grow marijuana.
If Walz succeeds, the implications reach far beyond these two patients. It would allow for similar rights for the approximately 40,000 Arizona medical marijuana patients who already have been granted medical marijuana cards to possess and use marijuana but now are required to purchase their medicine from state-licensed dispensaries.