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ISHAK v. McCLENNEN

No. 1 CA-SA 16-0134.

388 P.3d 1 (2016)

Nadir ISHAK, Petitioner, v. The Honorable Crane MCCLENNEN, Judge of the Superior Court of the State of Arizona, in and for The County of Maricopa, Respondent Judge, City of Mesa Prosecutor's Office, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

FILED December 22, 2016.

Attorney(s) appearing for the Case

Nadir Ishak, Mesa, Petitioner.

Mesa City Prosecutor's Office, Mesa, By W. Craig Jones , Counsel for Real Party in Interest.

Presiding Judge Diane M. Johnsen delivered the opinion of the Court, in which Judge Lawrence F. Winthrop joined. Judge Randall M. Howe concurred in part and dissented in part.

OPINION

¶ 1 We address in this special action the affirmative defense a medical marijuana cardholder may raise when charged with driving under the influence pursuant to Arizona Revised Statutes ("A.R.S.") section 28-1381(A)(3) (2016).1 The Arizona Medical Marijuana Act ("AMMA") grants an...

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