Montgomery's Office Drops Charge on Medical-Pot Patient Busted with Infused Candy

Categories: Medical Weed

Bill Montgomery has been stymied in two separate cases of medical-marijuana patients who possessed small amounts of concentrated marijuana.

Records show that the Republican county attorney will continue to try to saddle one of the valid patients with a felony conviction.

But before we tell you about the patient, we wanted to catch you up on a situation we wrote about in November, when another bona fide patient was caught in a DUI stop and found to be in possession of a single piece of infused candy.

See also:
-Montgomery Prosecuting a Medical-Pot Patient for One Piece of THC-Infused Candy

The patient, whom New Times is not identifying at his request, had purchased the Tootsie Pop-like candy at a local "compassion club" that isn't approved by the state to sell marijuana.

Montgomery's office tried to use the case to advance the elected official's belief that voters did not authorize patients to use concentrated marijuana when they approved the state's medical-pot law in 2010.

A New Times cover story in October, "Half-Baked," explained the concentrates controversy in detail. What it comes down to is this: Although voters made marijuana legal for valid patients and apparently intended to include concentrates for medicated food and drink items, an older Arizona law defines "cannabis" separately as the resin extracted from marijuana. Because the 2010 law does not explicitly legalize marijuana resin, Montgomery -- a social conservative who opposes any kind of marijuana-law reform in Arizona -- has declared that concentrates still are illegal for patients.

Yet everything hinges on interpretation: The 2010 law states that patients can use marijuana buds "and any mixture or preparation thereof."

Concentrates like hash oil and cannabutter are, it would seem, preparations of marijuana in the same way that olive oil is a preparation of olives.

One ramification of Montgomery's interpretation of the law is that an East Valley 5-year-old, Zander Welton, can't get the medicine his parents say he needs to control his frequent seizures. With the help of the American Civil Liberties Union of Arizona, Welton's parents filed a lawsuit against Montgomery in October that aims to settle the concentrates issue. An evidentiary hearing is scheduled for next month in that case.

The man busted with the piece of infused candy had a valid medical-marijuana card when he was stopped, but Montgomery's office sent him a terse letter in July stating that he could either plead guilty and spend about $3,000 on a drug program, or take his chances with a felony conviction that could put him away for 3.75 years.

The patient chose to fight the case with the assistance of Arizona attorney Tom Dean.

In January, Montgomery's office dropped the charge unexpectedly, claiming that the evidence had been destroyed.

"I find it hard to believe that they happened to lose the evidence," Dean tells New Times. The state's theory on the medical-marijuana law and concentrates is so weak, he theorizes, that the state did not want the case adjudicated in the patient's favor, which would have jeopardized similar cases Montgomery might want to prosecute.

We talked recently to the patient, who asked not to be named because he was worried about his employers finding out, and of course he's pleased with the outcome -- though it does mean the wider issue still isn't settled.

However, a ruling by a Superior Court judge in a similar case last month could be one more indicator that Montgomery's interpretation of the law is too narrow-minded.

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"'You get the same effect' by simply adding crushed-up buds to a food or drink, [some Drug War tool] claimed".

It's amazing, like either they don't know about this thing called "the Internet", or they think we don't know about it … !

Or maybe their arrogance and confidence in their power to terrorize, control, and suppress us has finally reached the point where they don't even care if we know they're lying or not.


Read the US Federal law......Marijuana is defined as any part of the plant "Cannabis Sativa".......which by the US Federal laws OWN DEFINITION states that ANY cannabis plant that is NOT of the SATIVA family is NOT BANNED or CONSIDERED ILLEGAL by the US Federal Govt. 


"'You get the same effect' by simply adding crushed-up buds to a food or drink, she claimed. 

And yet, even when doing that, the resin gets extracted into the fat component of the edible. Main difference is the amount of fibrous inert vegetable material in the finished product.


I loves my weed,have for thirtyfive years,and I can even spell thirtyfive!

now compare the health of a person that drank vodka for thirtyfive years.

I rest my case.

my doctor believes that it has helped with my insulin dependant diabetes(amazing health for having diabetes 32 of those years)

I have to admit that tobacco and smoking weed have been bad for my lungs,hence concentrate or "baked" goods.

and since I was uninsurable all that time,i saved a ton of money that would just go to some fat cat to drink vodka with.

you can tell im high right now,as I like to ramble ooonnnn.

Flyer9753 topcommenter

"However, a ruling by a Superior Court judge in a similar case last month could be one more indicator that Montgomery's interpretation of the law is too narrow-minded."

Arizona politicians, especially Montgomery, narrow minded??? Naw.. say it ain't so...

/sarcasm off

There must be an election coming up, a Republican is flip-flopping

MaskedMagician1967 topcommenter

MontyPug did this because it's an election year and he knows he would lose his job if he continued with this bullshit prosecution.

It's all about the politics with MontyPug...


you cannot just crush and eat buds, that doesn't work.

A chemical reaction takes place when heat is applied, and the by product of this reaction happens to be soluble in fat hence the need for butter.

When you cook butter you transfer the psychoactive ingrediant from the plant to the butter and the plant is useless.

The idea that "cannabis" is somehow different from "cannabis" is the idiotic thing that amazes me.

They are digging their own hole with their obvious lies that don't even pass the smell test.


You get the same effect" by simply adding crushed-up buds to a food or drink, she claimed.



Why do they let idiots into law school?


@shadeaux14  What do they call the person who graduates bottom of their law class? - A Lawyer


@shadeaux14  "Why do they let idiots into law school?"

Why do they let them out.

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