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Ruling: Docs' medical marijuana immunity limited

Posted at 12:43 PM, May 06, 2016
and last updated 2016-05-06 15:43:00-04
The Arizona Supreme Court says immunity provided doctors under the state's medical marijuana law for certifying patients to use pot only applies to the medical certifications, not other conduct such as making false statements in documents.
 
The ruling Friday overturns a lower court's decision that upheld dismissal of forgery and fraud charges against a physician on grounds that he was protected under the medical marijuana's law immunity provision.
 
Dr. Robert Gear was charged in Navajo County after signing a medical marijuana certification for a police informant based on his examination but before receiving a year's worth of the patient's records.
 
The form completed by Gear said he reviewed the records.
 
The Supreme Court's ruling reinstates the charges against Gear and returns his case to trial court for further proceedings.