State ex rel. Polk v. Hancock

OPINION

THOMPSON, Judge.

¶ 1 This case comes before us as a standoff between the Yavapai County Attorney’s Office (the County Attorney) and the Yavapai County Superior Court. The County Attorney recently adopted a policy that all plea agreements would include the following provision (“marijuana provision”): “Defendant shall not buy, grow, possess, consume, or use marijuana in any form, whether or not Defendant has a medical marijuana card issued by the State of Arizona pursuant to AR.S. § 36-2801, et seq.”1 After accepting a plea *303in the above matter, the trial judge struck the marijuana…