NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months. Cases provided by Fastcase, Inc.
Opinion and Order vacating Defendant’s conviction. Defendant was convicted of possession of marijuana after an Arizona State University police officer found a medical marijuana card in his wallet and envelopes containing marijuana in his dorm room. At the time, the Arizona Medical Marijuana Act (AMMA)—a law passed through a voter initiative—protected individuals from criminal liability for medical marijuana possession. However, a legislative amendment to the AMMA prohibited all individuals, including cardholders, from possessing marijuana on public college and university campuses. The court held that the state Legislature did not have the authority to amend the AMMA in this manner due to an Arizona state constitutional provision prohibiting the Legislature from amending a voter-passed initiative if the amendment did not further the purpose of that initiative. The court also noted that the state may nonetheless bar medical marijuana use and possession on campuses through separate legislation.