State v. Murphy

CAMERON, Chief Justice.

This is an appeal from a judgment of the court sitting without a jury finding the defendant guilty of possession of marijuana, A.R.S. § 36-1002.05. Imposition of sentence was suspended for one year under terms and conditions not pertinent to this appeal.

We must answer three questions on appeal:

1. Does the constitutional right of privacy of the Arizona and United States Constitutions render unconstitutional a ban on non-commercial use of marijuana by adults in the home?

2. If the act is constitutional, was there sufficient evidence to sustain a conviction under the facts…