State v. Gear
Annotate this CasePhysicians are immunized from prosecution for providing written certifications under the Arizona Medical Marijuana Act (AMMA). In this case, Defendant, a physician, certified a drug task force confidential informant (C.I.) for medical marijuana use. Defendant never reviewed the C.I.’s medical records from the preceding twelve months but falsely attested that he did so before providing the written certification authorizing medical marijuana use. Defendant was indicted on one count of forgery and one count of fraudulent schemes and artifices. The trial court dismissed the indictment, ruling that Ariz. Rev. Stat. 36-2811(C) immunized Defendant against prosecution on those charges. The court of appeals affirmed. The Supreme Court vacated the opinion of the court of appeals and reversed the trial court’s order of dismissal, holding that AMMA does not immunize conduct such as making a false statement in a written certification. Remanded.
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