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Arizona Supreme Court: Medical Marijuana Act Does Not Protect Physicians

Staff
May 9, 2016

PHOENIX – Attorney General Mark Brnovich announced today a major victory in litigation involving the scope of physician immunity under the Arizona Medical Marijuana Act or AMMA.

The Arizona Supreme Court unanimously ruled the AMMA does not immunize a physician against prosecution for falsely attesting that he or she reviewed a patient’s medical records from the previous twelve months before providing a written certification authorizing medical marijuana use.

“Arizona voters never intended for our medical marijuana laws to give criminal immunity to anyone who breaks the law in order to operate marijuana mills aimed at maximizing profits rather than providing good patient care,” said Attorney General Mark Brnovich.

“Today, the Supreme Court sent a clear message; if doctors commit a crime while issuing medical marijuana certifications they will be held accountable,” added Brnovich.

In 2012, a Navajo County Grand Jury indicted Dr. Robert Gear on one count of Forgery and one count of Fraudulent Schemes and Artifices.

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