Tucson, AZ asked in Cannabis & Marijuana Law and Criminal Law for Arizona

Q: I’m about to begin diversion for a non drug related offense in AZ and will be drug tested. Can I use medical marijuana?

I was instructed to not use “illegal” drugs, however marijuana is legal in the state of Arizona.

1 Lawyer Answer
Brian C. Soto
Brian C. Soto
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Short answer, yes; you can use your prescribed marijuana.

In REED KALIHER v. State of Arizona, the Arizona Supreme Court held, AMMA bars courts from imposing a probation condition prohibiting the use of medical marijuana pursuant to AMMA.

While this case dealt specifically with probation, the reasoning behind the Court’s holding should apply to a person on diversion as they would have greater liberties than a probationer.

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