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AZ rule on marijuana issue involving doctors

Posted at 4:32 AM, Dec 04, 2015
and last updated 2015-12-04 06:32:02-05

The Arizona Supreme Court has agreed to review two lower courts' rulings that the state's medical marijuana law prohibits prosecuting a physician accused of misrepresenting what medical records he reviewed before certifying a patient for cardholder status.

The state Court of Appeals agreed with a Navajo County Superior Court judge who dismissed a forgery and fraud indictment against Dr. Robert L. Gear Jr. on grounds that the medical marijuana law gave the doctor immunity from criminal prosecution in certifying patients.

The case centers on an allegation that Gear misrepresented that he reviewed the last 12 months of a patient's medical records from other treating physicians before certifying the patient to use marijuana for a debilitating medical condition.

The patient in question was a county drug task force informant.