GERSTEN v. SUN PAIN MANAGEMENT, P.L.L.C.

No. 1 CA-CV 15-0635.

395 P.3d 310 (2017)

Adam GERSTEN, an unmarried man, Plaintiff/Appellant, v. SUN PAIN MANAGEMENT, P.L.L.C., an Arizona professional L.L.C.; Dr. Ronald S. Burns and Jane Doe Burns, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

Filed April 18, 2017.


Attorney(s) appearing for the Case

Evans, Dove & Nelson, P.L.C., Mesa, By H. Lee Dove , Trevor J. Fish , Counsel for Plaintiff/Appellant

Holden & Armer, P.C., Phoenix, By Carolyn (DeeDee) Armer Holden , Michael J. Ryan , Counsel for Defendants/Appellees

Presiding Judge Patricia K. Norris delivered the opinion of the Court, in which Judge Samuel A. Thumma and Judge Margaret H. Downie joined.


OPINION

¶ 1 In 2010, Arizona voters, exercising their power to enact legislation by initiative, adopted the Arizona Medical Marijuana Act ("the Act"). Section 3 of the Act, codified at Arizona Revised Statutes ("A.R.S.") section 36-2813(C) (2014), states that a registered qualifying patient's use of medical marijuana...

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