Dobson v. McClennen

Kristina Dobson (plaintiff) and Marvelle Anderson (plaintiff), both of whom held valid medical-marijuana cards, were convicted in a state magistrate court of violating Arizona Revised Statute (ARS) § 28-1381(A)(3) by driving with marijuana and its impairing metabolite in their bodies. At trial, neither Dobson nor Anderson presented evidence concerning the concentration of marijuana in their bodies. Instead, both Dobson and Anderson argued that the Arizona Medical Marijuana Act (AMMA) immunized them from prosecution under § 28-1381(A)(3). Specifically, Dobson and Anderson argued that the AMMA protected a card holder from prosecution under impaired-driving statutes as long as the card holder was not actually driving while impaired. Section 28-1381(A)(3) criminalized an individual for driving with any amount of marijuana in her body, regardless of whether the concentration of marijuana was sufficient to cause impairment. Because § 28-1381(A)(3) appeared to conflict with the AMMA, Dobson and Anderson argued that AMMA card holders could never be convicted of violating the statute. The state superior court and the court of appeals affirmed the convictions. The court of appeals specifically held that the AMMA did not provide immunity for defendants charged with violating ARS § 28-1381(A)(3). Dobson and Anderson appealed to the Arizona Supreme Court.