State of Arizona v. Robert Gear

Justice BOLICK,

opinion of the Court:

¶ 1 This ease presents the question of whether the Arizona Medical Marijuana Act (“AMMA” or “the Act”) immunizes a physician against prosecution for falsely attesting that he reviewed a patient’s medical records from the previous twelve months before providing a written certification authorizing medical marijuana use. We hold that AMMA does not grant such immunity.

I. BACKGROUND

A. Arizona Medical Marijuana Act

¶ 2 Arizona voters enacted AMMA, A.R.S. § 36-2801 et seq., by ballot initiative in 2010 (Proposition 203). The Act provides that a “qualifying patient”…