If you're interested in using marijuana extracts in Arizona, you may want to wait until an upcoming court decision to find out if what you're planning to do is actually legal.
The Arizona Supreme Court will decide whether or not marijuana extracts and similar products are legal under the state's medical marijuana law. The case they're deciding revolves around a registered medical marijuana patient in Arizona who was arrested and convicted for possession of cannabis extracts. Law enforcement agents said since marijuana extracts aren't specifically listed in Arizona's medical cannabis laws, they are therefore illegal. The Arizona Court of Appeals agreed with law enforcement's interpretation last June.
However, it's not clear that's how the law is meant to be interpreted. In 2014, a different Arizona judge ruled that cannabis extracts were allowed for a five-year-old who needed them to treat seizures. And former Arizona Department of Health Services Director Will Humble, who helped create the state's medical marijuana laws, also said extracts were always meant to be covered.
“As we developed the rules, I always believed that extracts and preparations of marijuana (cannabis) were protected under Proposition 203,” Humble wrote in a court filing for the Arizona Supreme Court.
The worry is that if the Arizona Supreme Court agrees with the lower court, medical marijuana patients in the state will be in danger of being arrested if they use extracts are part of their treatment. So they could be arrested for using a product that is supposed to be legal.
So even when states legalize medical marijuana, they somehow still find ways to keep it illegal.