Arizona’s medical marijuana law says that Arizona doctors who certify a patient as eligible to obtain a medical marijuana card have immunity as a result of the certification.  Dr. Robert Gear examined a police informant, but did not review the patient’s records for the prior year as required by Arizona’s medical marijuana law.   The doctor signed a medical marijuana certification for the police informant in which he certified he had reviewed the records.

The doctor was charged and defended the charge on the basis that Arizona’s medical marijuana law gave him immunity from prosecution.  On May 6, 2016, the Arizona Supreme Court ruled that the law does not give the doctor immunity.