Cannabis Concentrates ruled Illegal by Arizona Court of Appeals

So according to the Arizona Court of Appeals, cannabis concentrates sold in dispensaries, are now illegal. The court of appeals ruled 2-1 that the Arizona Medical Marijuana Act does not legalize the resin collected from cannabis plants. Yes, they officially locked up a card holding patient for possessing a vape cartridge bought from a licensed Medical dispensary. This poor guy is serving 2.5 years in jail for what he thought was legal, witch is a horrendous thing to do to anyone regardless of the circumstances.

This isn’t the last word by any means though. The ruling is being appealed, and lawyers across the state are preparing to fight this to the bone. Although some dispensaries have taken concentrates of the shelf, most have stood in defiance refusing to deny their patients necessary medication. DHS, which is responsible for establishing and maintaining rules for the industry, explicitly allows the sale and consumption of all forms of cannabis extract, and has yet to comment on the situation.

I personally believe the ruling will be overturned. Extracts are 40% of medical cannabis sales in Arizona, and if I’ve learned anything working in the industry here, it’s that the state only cares about making money through taxes, and are hardly concerned about health or safety.

Even if the ruling is overturned in the future, this still leaves patients scared and confused, and no one from the courts, police, or DHS has stepped forth with any comments or instructions, leaving consumers worried about every trip to the dispensary.

Luckily the community has stepped for with some guidelines for patients, and those working in the industry on how to handle the situation. Leafly posed a healthful guide to help wade these murky waters.
Several dispensaries have posted notices, and contacted their customers to give them instruction, and piece of mind.

This ruling highlights even more the legal issues still plaguing the industry. If you just read the headlines it seems we’re winning on every front, and that state government are finally accepting Marijuana. This is only true to an extent. The only reason Cannabis has been granted legality anywhere, is to earn revenue for state and local governments. They legalize cannabis to an extent, but still try to make as many cannabis arrests as possible, as to continue the revenue streams provided by prohibition, and obtain a whole new gold mine through overly taxing MMJ. Every state has crazy high taxes on accessing wholistic medicine. 10-25% everywhere, and it’s doubled taxes between cultivators, and dispensaries, then again when it’s sold to the consumer.

Almost every state has seen an increase in marijuana DUI’s after legalization. Not because there are more intoxicated drivers, but because they are implementing sketchy technologies, and tactics to make arrests. Here in Az they are locking patients up left and right for DUI’s based on a blood sample a police officer does at the station. These tests have no way of judging the intoxication of the suspect, only the presence of THC. Patients are being arrested in the morning for smoking the night before. Even if you don’t get a DUI, getting pulled over with legal weed almost always involves the patient having to step out of the car for a search, and roadside sobriety test.

It’s not just DUI’s, patients are being asaulted on other fronts too. Gun rights for patients is such a grey area that most patients are afraid to own a weapon, and we have CPS threatening to take away the children of patients constantly. People are told state probation recognizes Medical Cannabis and allows it, only to be put in cuffs after their first drug test. All this while those with prescriptions for intoxicating, addictive narcotics are driving, shooting guns, and rising kids everyday with no prejudice.

I’m sorry to say, that the battle has only begun. Illegal cannabis was a cash cow for everyone from police departments, to legislators, to prisons, to probation programs, and they aren’t willing to give up that money that easy. They will continue to assault the liberties of cannabis consumers as long as they are allowed. We still have a lot of work to do, and a lot of injustice to stand up against. I still believe we will see true acceptance of cannabis in the future, we just have a few more dragons to slay.

-Daniel