State ex rel. Polk v. Hon. Cele HancockAnnotate this Case
At the time of Petitioner’s arrest, she had a registry identification card allowing her to use medical marijuana in compliance with the Arizona Medical Marijuana Act (AMMA). Petitioner pleaded guilty to three charges, including driving under the influence (DUI). Petitioner signed a plea agreement containing a provision that, as a condition of probation, she would not use marijuana in any form, whether or not she had a medical marijuana card issued by the State. Before sentencing, Petitioner filed a motion to strike the marijuana condition as prohibited by AMMA. The trial court granted the motion and struck the condition. The court of appeals reversed, concluding that the condition was justified in a DUI case. The Supreme Court vacated the court of appeals’ opinion and affirmed in part and reversed in part the trial court’s order, holding (1) the trial court properly rejected the marijuana condition to the extent it prohibited Petitioner from using marijuana in compliance with AMMA during her probation; but (2) the trial court erred by refusing to permit the State to withdraw from the plea agreement after the court rejected the marijuana condition.