State v. JonesAnnotate this Case
The Supreme Court vacated Defendant's convictions and sentences arising from his possession of hashish, a form of cannabis resin, holding that the Arizona Medical Marijuana Act (AMMA) immunized Defendant's conduct because AMMA's definition of marijuana includes both its dried-leaf/flower form and extracted resin, including hashish.
Defendant, a registered qualifying patient under AMMA, was charged with possession of cannabis and possession of drug paraphernalia after he was found in possession of a jar containing hashish. Defendant moved to dismiss the charges on the grounds that his use was allowed under AMMA. The trial court denied the motion and convicted Defendant. The court of appeals affirmed. The Supreme Court reversed, holding that the definition of marijuana in Ariz. Rev. Stat. 36-2801(8) includes resin, and by extension hashish, and that Ariz. Rev. Stat. 36-2811(B)(1) immunizes the use of such marijuana consistent with AMMA.