State of Arizona v. Rodney Christopher Jones
State of Arizona v. Rodney Christopher Jones
Opinion
¶1 Rodney Christopher Jones appeals his convictions and sentences arising from his possession of hashish, a form of cannabis resin, A.R.S. §§ 13-3401(4)(a), -3408(A)(1), arguing that the Arizona Medical Marijuana Act ("AMMA") immunizes his conduct. AMMA defines marijuana as including "all parts of any plant of the genus cannabis whether growing or not." A.R.S. § 36-2801(8). Consistent with this language, we hold that AMMA's definition of marijuana includes both its dried-leaf/flower form and extracted resin, including hashish.
I.
¶2 In March 2013, Jones-a registered qualifying patient under AMMA-was found in possession of a jar containing 1.43 grams, or 0.050 ounces, of hashish. Jones was charged with possession of cannabis and possession of drug paraphernalia (the jar). As defined by Arizona's criminal code, cannabis is a narcotic drug, § 13-3401(20)(w), consisting of "[t]he resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin," § 13-3401(4)(a).
¶3 Jones moved to dismiss the charges, arguing his use was allowed under AMMA. Relying on
State v. Bollander
,
¶4 The court of appeals affirmed Jones's convictions in a divided opinion, holding that AMMA did not immunize his possession of cannabis.
State v. Jones
,
II.
¶5 "We review questions of statutory interpretation de novo."
Reed-Kaliher v. Hoggatt
,
¶6 Passed in 2010, "AMMA permits those who meet statutory conditions to use medical marijuana."
Reed-Kaliher
,
¶7 The court of appeals' majority determined that voters only intended to immunize the use of marijuana as defined by the criminal code, meaning the dried leaves or flowers of the cannabis plant, but not the use of cannabis, the resin extracted from the marijuana plant.
Jones
,
¶8 We start with the statutory language. Because AMMA specifically defines "marijuana," we apply the statutory definition and look to neither the criminal code nor common understanding.
See
Enloe v. Baker
,
¶9 AMMA defines "marijuana" as "all parts of [the] plant." § 36-2801(8). The word "all," one of the most comprehensive words in the English language, means exactly that.
See
Flood Control Dist. of Maricopa Cty. v. Gaines
,
¶10 The State nevertheless argues AMMA does not apply to resin or its extracts. Again, we disagree. Section 36-2811(B)(1) immunizes the patient's "medical use" of marijuana, defined to mean "the acquisition, possession, cultivation, manufacture , use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition." § 36-2801(9) (emphasis added). AMMA does not define "manufacture" but it commonly means "to make into a product suitable for use." Manufacture , Merriam-Webster, https://www.merriam-webster.com/dictionary/manufacture (last visited May 20, 2019); see also § 13-3401(17) (defining "manufacture" in the criminal code as to "produce, prepare, propagate, compound, mix or process, directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis" (emphasis added)). AMMA anticipates not only that dispensaries will produce marijuana in edible form, see § 36-2801(15) (defining "usable marijuana" to include mixtures or preparations, to be "prepared for consumption as food or drink"), but also that patients will "consume[ marijuana] by a method other than smoking," see A.R.S. § 36-2805(A)(3). Taken together, these statutes indicate AMMA's intent to allow the manufacture and preparation of parts of the marijuana plant for medical use, including extracting the resin.
¶11 We are likewise unpersuaded by the State's argument that §§ 36-2811(B)(1) and 36-2801(1), (15) limit marijuana use to dried flowers. Section 36-2811(B)(1) provides that a registered qualifying patient may not possess more "than the allowable amount of marijuana." Section 36-2801(1) provides that the allowable amount of marijuana is two-and-one-half ounces of "usable marijuana," which § 36-2801(15) defines as "the dried flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant and does not include the weight of any non-marijuana
ingredients combined with marijuana and prepared for consumption as food or drink." The State argues that by conjunction these provisions limit marijuana use to "dried flowers."
See
People v. Carruthers
,
¶12 But § 36-2811(B)(1) protects "the registered qualifying patient's medical use of marijuana ," not just the use of the dried flowers of the marijuana plant. (Emphasis added.) Section 36-2801(8) provides the definition of marijuana, and nothing in § 36-2801(1) or (15) alters its meaning. Rather, by its own language, the limitation in § 36-2801(1) and (15) pertains only to the amount of marijuana the patient can legally possess, not the type or form of marijuana one may possess and use. See Amount , Merriam-Webster, https://www.merriam-webster.com/dictionary/amount (last visited May 20, 2019) (defining "amount" to mean "the total number or quantity"). Accordingly, we decline to follow Carruthers . 1
¶13 Section 36-2806.02 supports this view. First, it authorizes dispensaries to dispense "marijuana": it includes no reference or limitation to "usable marijuana." § 36-2806.02(A)-(B). We decline to adopt an interpretation that presents contradictory definitions and allows the dispensary to dispense "marijuana"-all parts of the plant-but only allows the patient to receive "usable marijuana"-the dried flowers of the plant. See Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 180 (2012) ("The provisions of a text should be interpreted in a way that renders them compatible, not contradictory."). Second, in dispensing marijuana, the dispensary is required to list "[h]ow much marijuana is being dispensed," § 36-2806.02(B)(1), and to determine whether the amount to be dispensed would cause patients to exceed their two-and-one-half-ounce limit, § 36-2806.02(A)(3). Section 36-2806.02 thus supports our interpretation that the limitation refers to the quantity of marijuana that may be dispensed, not its type or form.
¶14 The State contends that such a reading will result in the allowance of two-and-one-half ounces of cannabis, equivalent to far more than two-and-one-half ounces of dried flowers and leaves. We disagree. In defining what AMMA protects, § 36-2801(8) defines marijuana broadly. See supra ¶¶ 9-12; see also § 36-2811(B) (immunizing the "qualifying patient's medical use of marijuana"). In defining how much marijuana may be possessed, however, § 36-2801(1) and (15) define the weight more narrowly. See § 36-2811(B) (limiting patients' marijuana possession to the "allowable amount of marijuana"). Section 36-2801(1) provides that the "allowable amount of marijuana" is "[t]wo-and-one-half ounces of usable marijuana," which subsection (15) defines as "the dried flowers of the marijuana plant, and any mixture or preparation thereof." AMMA's weight limitation is based on "two-and-one-half ounces" of "the dried flowers of the marijuana plant," regardless of the weight of the product manufactured from those flowers.
¶15 As stated above, AMMA extends to manufactured marijuana products using extracted resin. See supra ¶ 10. Under § 36-2801(15), these products are "mixture[s] or preparation[s]" of the dried flowers of the marijuana plant. We therefore read § 36-2801(1) and (15) to mean qualifying patients are allowed two-and-one-half ounces of dried flowers, or mixtures or preparations made from two-and-one-half ounces of dried flowers. 2
¶16 A plain reading of the relevant provisions compels our conclusion that AMMA protects the use of "marijuana," including resin, so long as the patient does not exceed the allowable amount and otherwise complies with the statutory requirements. Consideration
of AMMA's purpose and ballot materials support this plain reading.
See
Ruiz v. Hull
,
¶17 AMMA appeared on the 2010 ballot as Proposition 203. The accompanying ballot materials stated Proposition 203's purpose was to "protect patients with debilitating medical conditions ... from arrest and prosecution" for their "medical use of marijuana." Ariz. Sec'y of State, 2010 Publicity Pamphlet 73 (2010), https://apps.azsos.gov/election/2010/info/PubPamphlet/english/e-book.pdf. Proposition 203 was intended to allow the use of marijuana in connection with a wide array of debilitating medical conditions, including "cancer, glaucoma, ... amyotrophic lateral sclerosis, Crohn's disease, [and] agitation of Alzheimer's disease," including "relief [from] nausea, vomiting and other side effects of drugs" used to treat debilitating conditions.
¶18 Separately, the State argues AMMA is preempted by the Comprehensive Drug Abuse Prevention and Control Act, which is comprised of two components, the Controlled Substances Act ("CSA"),
III.
¶19 We hold that the definition of marijuana in § 36-2801(8) includes resin, and by extension hashish, and that § 36-2811(B)(1) immunizes the use of such marijuana consistent with AMMA. We reverse the trial court's ruling denying Jones's motion to dismiss, vacate the court of appeals' opinion, and vacate Jones's convictions and sentences.
Post-
Carruthers
, the Michigan Medical Mari[j]uana Act's definition of "usable mari[j]uana" was amended to include "resin" and "extract."
See
We express no opinion on how much resin may be extracted from, or how much "mixture" may be obtained from, two-and-one-half ounces of dried flowers.
Reference
- Full Case Name
- STATE of Arizona, Appellee, v. Rodney Christopher JONES, Appellant.
- Cited By
- 20 cases
- Status
- Published