State v. Hardesty

OPINION

BERCH, Chief Justice.

¶ 1 Danny Ray Hardesty seeks review of his convictions for possession of marijuana and drug paraphernalia. He attempted to assert a religious use defense to the charges pursuant to Arizona Revised Statutes (“A.R.S.”) § 41-1493.01 (2004), but was precluded from doing so. We hold that although religious exercise may be asserted as a defense, Hardesty’s defense fails as a matter of law. We affirm the convictions.

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On April 15, 2005, Hardesty was driving his van at night when an officer stopped him because one headlight was out.…