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Judge nixes medical marijuana users right to grow their own

November 14, 2013 Updated: September 9, 2020

Arizona Daily Star – Medical marijuana users have no constitutional right to grow their own drug, a trial judge has ruled. Judge Katherine Cooper of Maricopa County Superior Court threw out a challenge by two men to a provision in the 2010 voter-approved Arizona Medical Marijuana Act that says only those living farther than 25 miles from a state-regulated dispensary can cultivate the plants. She said there is no basis for their claim that the provision limits their health-care rights. But Cooper left the door open for the men to raise a separate challenge that the 25-mile rule amounts to a violation of their rights under constitutional provisions guaranteeing everyone equal protection of the law. She said, though, they have yet to make a case for that claim.

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