Reed-Kaliher v. Hoggatt

Keenan Reed-Kaliher (plaintiff) was jailed on drug charges. While Reed-Kaliher was incarcerated, the Arizona Medical Marijuana Act (AMMA), a ballot initiative, was enacted. The AMMA permitted the medical use of marijuana by individuals who applied for and received cards identifying them as registered qualified patients. The AMMA also prohibited the imposition of any punishment or the denial of any privilege based on an individual’s AMMA-compliant marijuana use. Reed-Kaliher, who suffered from chronic pain due to a hip fracture, obtained a medical-marijuana card. After Reed-Kaliher was released from prison and while he was on probation, his probation officer added a new condition to Reed-Kaliher’s probation prohibiting him from possessing or using marijuana for any reason. Reed-Kaliher petitioned the trial court to remove this probation condition, arguing that that condition violated the AMMA’s terms. The trial court denied Reed-Kaliher’s motion. The court of appeals reversed, holding that the AMMA prohibited probation conditions requiring probationers from AMMA-compliant marijuana use. The State of Arizona (defendant) appealed, arguing, among other things, that the AMMA, as applied to probationers, conflicted with the federal Controlled Substances Act (CSA). After determining that the AMMA prohibited the imposition of a probation term that prohibited AMMA-compliant marijuana use, the Arizona Supreme Court considered whether the CSA preempted the AMMA.