MM “Declaratory Judgment”


A Complaint was filed against the ADHS and others last week.  It’s called a “Request for Declaratory Judgment and Permanent and Preliminary Injunction”.  It basically asks the Court to declare that: 1) extracts and resins from the marijuana plant are protected in the definition of “Useable Marijuana” under the Arizona Medical Marijuana Act; and 2) dispensaries, patients, caregivers, and agents are from criminal prosecution for violations of the Title 13 (criminal code) “Cannabis” statutes.  Of course, it’s more complicated than that, but that’s the thumbnail sketch of the Complaint.  This relates to one of my previous posts entitled Marijuana v. Cannabis  In a related matter, a Superior Court judge dismissed a complaint this week that argued that the 25 mile provision should be thrown out.

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