In March, police served a search warrant at the home of Charise Voss Arfa on the basis of her having, “a usable amount of cannabis, a narcotic drug, to include the extracted resin and cannabis which is now in solution.” Police seized a marijuana tincture that Voss Arfa had in her home during the raid. Voss Arfa is now suing the state, claiming that the definition of cannabis is too broad and that medical marijuana patients should be protected.
Some law enforcement officials, including the officers in this situation, consider mixing marijuana with any substance, including an oil, to be altering the marijuana into “cannabis.” Cannabis possession in Arizona is a Class 4 felony, meaning people could face serious jail time for choosing to ingest their medicine in ways other than smoking, such as tinctures, edibles, or vaporizing concentrates.
Voss Arfa’s attorney W. Michael Walz explained that the lawsuit, “…is really about not smoking and having the ability to use marijuana in non-smoking forms without fear of being prosecuted for a Class 4 felony, which is, under the law, the same things as heroin — the same severity, believe it or not.”
In her lawsuit, Voss Arfa asks for the return of her tincture. She also asks for police to be banned from arresting, prosecuting, or taking property from medical marijuana cardholders if they are in compliance with the state’s medical marijuana law. Finally, the suit asks that the state’s criminal statute related to cannabis be considered void for medical marijuana patients and caregivers.
The current state of Arizona’s medical marijuana program is convoluted. Under state law, patients can buy and possess edibles and tinctures from dispensaries, but dispensaries have yet to open, despite the fact that the state’s MMJ law was passed in 2010. Since no dispensaries are open, patients are only allowed to grow plants or have others grow for them. The “at home patient” is not allowed to alter the marijuana plant in any way without risking being in possession of modified cannabis.
Voss Arfa’s case is set to be heard by a judge at the end of the week.
[Source]
Oilhead420 said on Oct 15, 2012
Way to go Vos Affra. It's time for patients to stand up for their rights and change the system, if the current one wont work.
Elvers said on Oct 15, 2012
Vos, way to go.!! I hope you'll get money back for what you've lost and time, because the cops won't give it back to you. we'er having our day in court tomorrow over marijuana.!! the federal Judges are going to drop it from schedule 1 to 2 or 3 or legalize!!!!
cannalogic said on Oct 15, 2012
way too go, stand up for your rights, its pretty messed up that the things people with the most serious needs use to medicate is considered a felony. Its quite a shame that a patient who may not be able to consume their medicine in your traditional way of smoking are considered felons. There are many patients out there that are only able to medicate through tincture, concentrate, edible etc. Smoking is just not an option for some people. Shame on you Arizona, go out and bust some meth labs, and leave us patients alone. The MM law out here in hawaii could defiantly use some changes as well, but at least I don't have to worry about getting thrown in jail for "altering", my medicine. I hope this lawsuit, does what its trying too, and thats protect people who are just trying to make their lives better, while negatively effecting the lives of absolutely nobody around them.
AKSHADOW said on Oct 16, 2012
Thats a bunch o crap! Why arnt they out catchin all the tweaking thiefs? They just pissed off cause they cant DAB!
terryh said on Oct 16, 2012
That’s just the tip of the iceberg in this screwed up state. People played 5,000$ for a chance at a dispensary. Where are they? If you didn’t get the “right” to open up you get back 1,000 $ this states MMJ laws are a joke. Never mind how many times we voted it in we still get screwed
Tebin said on Oct 19, 2012
This person is the Rosa Parks of weed!
GGLynzee said on Oct 19, 2012
Az lawmakers never wanted this to pass. However they readily took $5000. from potential dispensaries, way more apps than they were going to allow, but they wanted to pick and choose who could open up one. If you were one of the MANY reject apps, you only got $1000 back. Off those apps alone they made 1.5 million dollars. They made another million from patients who have to pay the state $300 to be monitored by the state as a patient, which in reality is just a list of people for them to harass. I myself know how the state runs, and I would NEVER put myself on a list for them to TRACK me. Such BS how they want to follow federal laws when it suits them(mmj) but they want to make state laws for other things like immigration.. Make up you fucking minds you hypocritical assholes. They sure weren't turning away $$$$. Now that they have it they want to "take action". FU AZ