Criminal Defense Attorney

When Will Marijuana Start Showing up in Campus Vending Machines?

In November 2010, Arizona voters passed Proposition 203 (the Arizona Medical Marijuana Act). This new state law permits qualifying patients with specific and serious medical conditions to receive a small amount of medical marijuana every two weeks. Most law abiding citizens would never expect to get their prescription drugs from a vending machine. Thus, I was mildly amused when, just a few weeks after Election Day a college student (who was an obvious recreational user) called the firm and asked the question that is the title to this article. Sadly, my young caller became quite dismayed when I explained the administrative red tape that would certainly accompany.

A few weeks later, on December 17, 2010, the Arizona Department of Health Services posted an informal draft of the proposed rules for medical marijuana on its website www.azdhs.gov/prop203/. The proposed rules are almost fifty pages and a fine cure for simple insomnia. The Health Services website does contain a user friendly FAQ section that is highly informative. If you are simply curious how medical marijuana will be implemented over the coming months, or if you desire to make comments about the proposed rules, I encourage you to spend some time on your computer.

PLEASE NOTE (I put this one in all caps because it is kind of important.): The great unknown about Arizona’s Medical Marijuana Act is how federal prosecutors will react because UNDER FEDERAL LAW, POSSESSION OR USE OR MARIJUANA IS STILL ILLEGAL. Because federal law clearly trumps state law, one would think this would be the end of the discussion. However, in October of 2009, the Deputy Attorney General sent a memo to all federal prosecutors in states that authorized medical marijuana. This three-page memo was subsequently posted on the U.S. Department of Justice website (see memo) and disseminated in the public domain. While prosecution of “significant traffickers of illegal drugs” was noted to still be a “core priority,” direction was given that “pursuit of those priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” (Emphasis added.)

Yes, that last quote was quite a mouthful. And no, in spite of several additional paragraphs of explanation, there is no guarantee that you, or someone you know, will not be prosecuted in federal court. When it comes to medical marijuana, strict compliance with state law is not a legal defense to a violation of federal criminal law. If you or someone you love is in need of medical marijuana, my advice is simple. Go slow. Be cautious. Read all of the rules. Strictly comply with all state regulations once they take effect. And then be patient, and let someone else be the first test case.