Medical Marijuana Patients Visiting Arizona Can Use Marijuana, Says Court

The Arizona Court of Appeals has ruled that out-of-state visitors that hold valid medical marijuana cards in their home state can possess and use medical marijuana in Arizona. The decision comes following a case from 2016 involving a California medical marijuana patient being prosecuted for possessing medical marijuana in Arizona.

The three-judge panel said that a recommendation under California’s Compassionate Use Act is the same as an Arizona medical marijuana card, stating that, “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,” AZ Central reports.

The defendant in the case, Stanley Kemmish Jr., argued that his California medical marijuana recommendation permitted him to possess medical marijuana under the Arizona Medical Marijuana Act. Prosecutors didn’t agree with Kemmish’s argument, even though the Arizona Medical Marijuana Act (AMMA) says that “visiting qualifying patients” are offered the same immunity as Arizona residents holding medical marijuana cards.

According to the AMMA, out-of-state medical marijuana patients cannot purchase medical marijuana at Arizona dispensaries, but they can be in possession of and use medical marijuana if they have proper documentation, such as a medical marijuana card.