In a major legal setback to the Arizona medical marijuana community, the Arizona Court of Appeals has ruled that cannabis extracts commonly. Medical-Cannabis Extracts Like Vape Pen Oil Are Illegal, Arizona Appeals wait for a final ruling on the matter by the Arizona Supreme Court. A court in Arizona recently ruled that much of what medical marijuana The narcotic - a small amount of cannabis oil in a vaporizer. facing prosecution for cannabis oil, what goes into everything from edibles to vape pens. From Cover- Ups To Secret Plots: The Murky History Of Supreme Justices' Health.
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Although Bevin and Beshear both seek dismissal of the lawsuit, their positions on the underlying issue differ. Did medical marijuana cost a man his job?
Sue Rusche - August 10, 0. Beavercreek property owners file racketeering suit against neighbors growing marijuana Sue Rusche - August 7, 0. The McCarts argue that any business producing or selling marijuana is a criminal enterprise, and those who participate in the business should be subject to civil liability for causing injury to others.
Medical marijuana investors and partners to be made public knowledge Sue Rusche - June 28, 0. This ruling could be game-changing. Neighbors can sue pot grower for stinky smells Sue Rusche - June 21, 0.
The 10th US Circuit Court of Appeals ruling revives a lawsuit between a Colorado horse farm and a neighboring marijuana company. Circuit Court of Appeals, and seeks to have a federal lawsuit by the hemp industry dismissed. Supreme Court limits government seizure of assets in drug conspiracy cases Sue Rusche - June 19, 0. The unanimous ruling on Monday comes as the Justice Department has moved to impose harsher punishments for drug trafficking and related crimes.
Colorado Supreme Court sides with city on local controls for marijuana licensing Sue Rusche - May 15, 0. His detention kicked off a constitutional challenge that rose to the Supreme Court of Canada: Smith and his lawyers argued that restricting medical cannabis users to using dried flower only was an infringement of their rights. That led the government to develop regulations around what kind of extracted cannabis products, like oils, would be allowed, then under the medical system.
If this vape pen contains more than 30 mg of THC per ml, it's still illegal in Canada; photo via iStock While consumer complaints about the availability of vape pens are principally rooted in convenience and preference, the restrictions around potency limit the medical possibilities of available cannabis products. Canopy funds such research at the University of British Columbia. For researchers, concentrates have the advantage of being more consistent and controllable than dried flower.
One recent study by researchers Beth Weise and Adrianna R. Wilson-Poe in the journal Cannabis and Cannabinoid Research found that when patients were using cannabis to treat opioid use disorders, that the use of dried flower sometimes had varying effects. Leaders in the Arizona cannabis industry say they will ignore last week's state Court of Appeals opinion that cannabis extracts are not protected by the medical marijuana law.
Dispensary associations and operators say they'll wait for a final ruling on the matter by the Arizona Supreme Court. Until then, they will continue to sell the products targeted by appeals court decision. The position is something of a gamble because the appeals court ruling technically applies statewide. Potentially, patients and dispensaries now face criminal prosecution over extracts, which are made into popular products found at dispensaries like vape pen oil, infused edibles, and shatter.
The state Department of Health Services , which oversees the medical marijuana program, indicated in a statement on Friday that officials are still trying to decide what to do. The opinion didn't instruct the DHS to change its rules, officials noted.
Kevin DeMenna, a lobbyist for the Arizona Dispensary Association, called the ruling "alarming but not conclusive. As examples of positive signs, DeMenna said that the Food and Drug Administration's recent approval of Epidiolex, a cannabis-based anti-seizure medication, helps make cannabis more mainstream, and noted that President Donald Trump has said he supports a pro-cannabis bill that lets states decide whether or not to legalize.
DeMenna and the association's leaders sat down with Governor Doug Ducey in April to discuss potential changes to the medical marijuana program. The Arizona medical cannabis community now includes about , card-holding patients and state-authorized dispensaries. As Phoenix New Times has outlined in previous stories, the problem for the pro-cannabis side is that state law written before defines the resin extracted from marijuana as "cannabis," a "narcotic" drug distinct from marijuana.
To science, it's all "cannabis," since that's simply the name of the plant. The voter-approved law, however, didn't address resin separately, like the old law does. It defines marijuana as the flower or bud and "any mixture or preparation thereof. The ruling upholds the prosecution in Yavapai County of a state-authorized patient, Rodney Jones, who was caught in with about 1.
Jones served more than two years behind bars. The two of three appeals court judges ruled that "any mixture or preparation" isn't broad enough to include extracted resin. Advocates are hoping the state's high court sees it that way, too.
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The case is expected to reach the state's highest court. One of the judges on the appeals court did, too. Police had pulled her over a few months earlier and found a vape pen with cannabis oil, according to courts records. Medical cannabis extracts, such as vape pen oil, are illegal, Arizona Appeals Court rules; “AMMA is silent as to hashish,” wrote Judge Jon W. Thompson for the and are hopeful that the Arizona Supreme Court will overturn this decision. Canada's new legalization program allows cannabis “oils,” but bans a constitutional challenge that rose to the Supreme Court of Canada: Smith and his in other forms like oils and edibles, and in , the judges agreed.