Dobson v. McClennen

337 P.3d 568, 236 Ariz. 203
CourtCourt of Appeals of Arizona
DecidedNovember 4, 2014
DocketNos. 1 CA-SA 14-0168, 1 CA-SA 14-0170
StatusPublished
Cited by7 cases

This text of 337 P.3d 568 (Dobson v. McClennen) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dobson v. McClennen, 337 P.3d 568, 236 Ariz. 203 (Ark. Ct. App. 2014).

Opinion

OPINION

THUMMA, Judge.

¶ 1 Petitioners Krishna R. Dobson and Marvelle D. Anderson were convicted in municipal court of driving with an impermissible drug or its metabolite in a person’s body in violation of Arizona Revised Statutes (AR.S.) section 28-1381(A)(3) (2014).1 Petitioners claim the superior court erred in affirming the municipal court’s pretrial rulings precluding evidence that Petitioners held medical marijuana cards at the time of the offenses. Athough accepting special action jurisdiction, this court denies relief because Petitioners have shown no error.

FACTS AND PROCEDURAL HISTORY

¶ 2 Petitioners were charged with violating A.R.S. § 28-1381(A)(l) (driving or controlling a vehicle “[wjhile under the influence ... impaired to the slightest degree”) and AR.S. § 28-1381(A)(3) (driving or controlling a vehicle “[wjhile there is any drug defined in [AR.S. § ] 13-3401 or its metabolite in the [206]*206person’s body”). After briefing and oral argument, the municipal court denied Dobson’s motion to present evidence at trial that she held an Oregon-issued medical marijuana card and granted the State’s motion in limine to preclude evidence at trial that Anderson held an Arizona-issued medical marijuana card. Petitioners then submitted the issue of guilt to the court based on a stipulated record and were found guilty of violating (A)(3). The municipal court then granted the State’s motion to dismiss the (A)(1) charges. After sentencing, Petitioners both timely appealed to the superior court.

¶ 3 The superior court first considered Dobson’s appeal and affirmed, finding that “[hjaving a valid medical marijuana card is not a defense to” an (A)(3) charge. The superior court found the affirmative defense of A.R.S. § 28-1381(D) (“using a drug as prescribed by a” specified medical practitioner) does not apply to marijuana use. The superior court next found that A.R.S. § 36-2802(D) (providing “that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment”) did not apply to an (A)(3) charge. In affirming Anderson’s conviction, the superior court found “no reason to revisit its prior rulings” in Dobson’s appeal.

¶4 Petitioners then sought special action review. This court consolidated the matters sua sponte, accepted special action jurisdiction and took the consolidated matter under advisement with this written decision to follow.

DISCUSSION

I. Special Action Jurisdiction.

¶ 5 Special action jurisdiction is “highly discretionary,” Randolph v. Groscost, 195 Ariz. 423, 425 ¶ 6, 989 P.2d 751, 753 (1999), and may be appropriate where petitioner has no “equally plain, speedy, and adequate remedy by appeal,” Ariz. R.P. Spec. Act. 1(a). Special action jurisdiction is appropriate to address an issue of first impression that is “‘a purely legal question, is of statewide importance, and is likely to arise again.’ ” Lear v. Fields, 226 Ariz. 226, 229 ¶ 6, 245 P.3d 911, 914 (App.2011) (quoting Vo v. Superior Court, 172 Ariz. 195, 198, 836 P.2d 408, 411 (App.1992)).

¶ 6 Because these proceedings originated in municipal court, Petitioners have no right of appeal to this court. See A.R.S. § 22-375(B). The petitions present issues of statewide importance, some of which have not yet been addressed in any appellate decision, and that are likely to arise again. Accordingly, this court accepts special action jurisdiction. See Cicoria v. Cole, 222 Ariz. 428, 430 ¶ 9, 215 P.3d 402, 404 (App.2009) (accepting special action jurisdiction over petition presenting “an issue of statewide importance potentially affecting numerous DUI cases”); accord Darrah v. Superior Court, CA-SA 14-0054, 236 Ariz. 185, 186 ¶ 4, 337 P.3d 550, 551, 2014 WL 5339388 at *1 ¶4 (Ct.App. Oct. 21, 2014) (accepting special action jurisdiction in similar ease with similar procedural background).

II. The Merits.

A. Standard Of Review.

¶ 7 The municipal court “has considerable discretion in determining the relevance and admissibility of evidence.” State v. Amaya-Ruiz, 166 Ariz. 152, 167, 800 P.2d 1260, 1275 (1990). This court reviews determinations of the admissibility of evidence, including rulings excluding evidence, for an abuse of discretion. See State v. Superior Court, 128 Ariz. 583, 585, 627 P.2d 1081, 1083 (1981). Issues of statutory construction present questions of law, which this court reviews de novo. Pima County v. Pima County Law Enforcement Merit Sys. Council, 211 Ariz. 224, 227 ¶ 13, 119 P.3d 1027, 1030 (2005).

B. The Arizona Medical Marijuana Act.

¶ 8 Petitioners’ arguments implicate provisions of the Arizona Medical Marijuana Act (AMMA), passed by Arizona voters in November 2010 and codified at A.R.S. §§ 36-2801 to -2819. Under the AMMA, a registered qualifying patient with a debilitating medical condition may obtain a “[rjegistry [207]*207identification card” that, in conjunction with a “[wjritten certification” by a physician, allows the registered qualifying patient to obtain an allowable amount of marijuana for medical use from a medical marijuana dispensary. See AR.S. § 36-2801(13) (“Qualifying patient”); (3) (“Debilitating medical condition”); (14) (“Registry identification card”); (18) (“Written certification”); (12) (“Physician”); (1) (‘(Allowable amount of marijuana”); (9) (“Medical use”); (11) (“Nonprofit medical marijuana dispensary”).

¶ 9 Petitioners assert they are registered qualifying patients who hold valid registry identification cards and used medical marijuana pursuant to a written certification from a physician under the AMMA2 Petitioners argue both that such written certification is an affirmative defense to the (A)(3) charge under A.R.S. § 28-1381(D), and that they are “immune to prosecution” under (A)(3) based on two AMMA provisions.

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Related

Dobson v. McClennen
361 P.3d 374 (Arizona Supreme Court, 2015)
State of Arizona v. Ronald James Sisco II
359 P.3d 1 (Court of Appeals of Arizona, 2015)
State v. Abdi
343 P.3d 921 (Court of Appeals of Arizona, 2015)

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Bluebook (online)
337 P.3d 568, 236 Ariz. 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dobson-v-mcclennen-arizctapp-2014.