State v. Gear

OPINION

NORRIS, Judge.

¶ 1 Appellant State of Arizona charged Defendant/Appellee Robert L. Gear Jr., N.M.D., D.C., with forgery and fraudulent schemes and artifices for falsely stating he had reviewed a confidential informant’s medical records in certifying the informant for access to medical marijuana. Dr. Gear moved to dismiss the indictment, arguing the Arizona Medical Marijuana Act (“AMMA”) granted him immunity from criminal prosecution. The superior court agreed, and the State appealed.

¶ 2 The fundamental issue presented in this appeal is whether the AMMA bars the State from prosecuting a…