Legal Question in Criminal Law in Arizona

If a person who had a medical marijuanna card, traveled to Arizona( to help his Granfather who had fallen) ang got an felony for it, can that person file for an appeal?


Asked on 12/21/10, 6:45 am

1 Answer from Attorneys

David Shapiro Shapiro Defense, PLLC

No. The basis of your question seems to be that if its legal in one state I should be able to do it in another state even though its illegal for the citizens of that state. The legality of med marijuana has been passed by Arizona voters, however, it is likely that your conviction occurred prior to legality AND, Arizona is under no obligation to honor your California medical mj card. There are some laws that states get to pass regardless of what other states laws are. There is something called "Full Faith and Credit" in the U.S. Constitution in which states are obligated to acknowledge rights or privileges given by other states UNDER CERTAIN CIRCUMSTANCES e.g., the privilege to drive with your home state license (the privilege is available in all states) when you are in Arizona for fewer than ten days after which you must seek an Arizona driver's license or, technically, the state need not honor your out of state license if you are here longer than that. In short, Arizona is not under any full faith and credit duty to recognize the privilege to smoke weed in California, in Arizona. Usually, simple possession under these circumstances, in Arizona courts and jurisdictions, ends in a misdemeanor resolution. I'd like to know more about the facts of your case. You can't appeal the conviction on the ground that you had the privilege in California to smoke mj medically. You may however, be able to eventually get the conviction expunged. That's the stuff of another topic. To pursue that, talk to an Arizona criminal attorney directly.

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Answered on 2/09/11, 9:24 pm


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