Arizona high court to review ruling that overturned probation ban on use of medical marijuana

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TUCSON, Arizona — The Arizona Supreme Court plans to review a lower court's ruling that judges can't order people on probation to not use medical marijuana.

The justices on Tuesday agreed to consider a Court of Appeals ruling that overturned a Cochise County Superior Court judge's order that a drug-case probationer not use medical marijuana.

The probationer had agreed to a plea agreement that included the prohibition but later tried to change it.

The Court of Appeals ruling said judges can normally prohibit use of marijuana as a term of probation. But the panel's majority ruling said that authority must bow to the medical marijuana law's provision that exempts use of marijuana for medical purposes from criminal laws.

A dissenting judge disagreed, citing the probationer's acceptance of the terms of his probation.

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