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STATE EX REL. POLK v. HANCOCK

No. CV-14-0084-PR.

347 P.3d 142 (2015)

STATE of Arizona ex rel. Sheila Sullivan POLK, Yavapai County Attorney, Petitioner, v. The Honorable Celé HANCOCK, Judge of the Superior Court of the State of Arizona, in and for the County of Yavapai, Respondent Judge, Jennifer Lee Ferrell, Real Party in Interest.

Supreme Court of Arizona.

April 7, 2015.

Attorney(s) appearing for the Case

Sheila Sullivan Polk, Yavapai County Attorney, Dennis M. McGrane (argued), Chief Deputy County Attorney, Prescott, Attorneys for Sheila Sullivan Polk.

Yavapai County Public Defender, Jared G. Keenan (argued), Deputy Public Defender, Prescott, Attorneys for Jennifer Lee Ferrell.

David J. Euchner (argued) and Sarah L. Mayhew , Tucson, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

Thomas W. Dean , Phoenix, Attorney for Amicus Curiae National Organization for the Reform of Marijuana Laws.

Justice TIMMER authored the opinion of the Court, in which Chief Justice BALES, Vice Chief Justice PELANDER and Justices BERCH and BRUTINEL concurred.

¶ 1 Under the Arizona Medical Marijuana Act ("AMMA"), A.R.S. §§ 36-2801 to -2819, a registered qualifying patient cannot be "arrest[ed], prosecut[ed] or penal[ized] in any manner" or denied "any right or privilege" for authorized medical marijuana possession and use. A.R.S. § 36-2811(B)....

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