Potential Criminal Repercussions Under Medical Marijuana Laws for Physicians

Many states have their own medical marijuana laws that define who can use medical marijuana, what qualifying conditions are necessary, and what licenses are required to distribute the drug. In Arizona, the Arizona Medical Marijuana Act (AMMA, A.R.S. §36-2801) immunizes physicians from prosecution for providing written certifications that a patient is likely to receive therapeutic or palliative benefits from the medical use of marijuana to treat or alleviate a patient’s debilitating medical condition. The physician is required to specify the debilitating medical condition and sign…
Continue reading...

Ninth Circuit Outlines for Plaintiff How to Meet the Twombly/Iqbal Standard in a Third Amended Complaint

In this case, the plaintiff, Nicole Weber, appealed the United States District Court for the District of Arizona’s dismissal of her second amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The issue on appeal before the Ninth Circuit panel was whether Weber’s allegations were sufficient to survive a 12(b)(6) motion under the Twombly/Iqbal standard requiring a complaint to set out a plausible claim. Since the Supreme Court’s rulings in Bell Atlantic v. Twombly and Ashcroft v. Iqbal, federal district courts have seen…
Continue reading...