Maricopa County Attorney Bill Montgomery is attempting the felony prosecution of an Arizona medical marijuana patient for possession of one (1) edible candy.
The patient received a letter from the County Attorney’s Office stating it intends to prosecute him. He is facing one felony “narcotic violation” charge for possessing the edible. This is all happening because of a traffic stop in which police found the candy in the patient’s possession.
Montgomery and other Arizona prosecutors theorize that the voter-approved Medical Marijuana Act does not legalize marijuana concentrates (i.e. edibles, teas, oils, etc).
An upcoming lawsuit in Arizona filed by the American Civil Liberties Union (ACLU) could change the marijuana concentrates laws in Arizona, making medical marijuana patients able to possess and consume edibles and other concentrates.
A court decision favorable to the ACLU would be a major victory for Arizona’s medical marijuana patients and industry, allowing medical marijuana dispensaries to legally offer more diverse and medicinally beneficial types of medical marijuana products, such as oils, teas, edibles, and products high in CBD content.