IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION II ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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1 JASON OSIFIE, v. Petitioner-Appellant, THE SUPERIOR COURT OF THE STATE OF ARIZONA, In and For the County of Pinal, and the Honorable Gilberto V. Figueroa, a judge thereof, and, Respondent, THE STATE OF ARIZONA, by and through THE PINAL COUNTY ATTORNEY, IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION II Real Party in Interest. S.Ct. No. CV PR CAUSE NO. 2 CA-SA (Pinal County Superior Court Case No. CV (Apache Junction Justice Court Case No. TR MOTION FOR LEAVE OF COURT TO FILE AMICUS CURIAE BRIEF Amicus curiae NORML (National Association for the Reform of Marijuana Laws, respectfully moves for leave of Court to file the accompanying brief under Rule of the Arizona Rules of Criminal Procedure and/or Rule 16 of the Arizona Rules of Civil Appellate Procedure Counsel for Real Party in Interest has consented to the filing of this brief. STATEMENT OF INTEREST OF AMICUS CURIAE: Applicant, The National Organization for the Reform of Marijuana Laws (NORML is a non-profit educational corporation organized in 1971 under the laws of the District of Columbia, with its primary office located in

2 Washington, D.C. It has approximately 15,000 dues paying members, 1.3 million internet-based supporters, and more than 154 state-based chapters across the country, including a state chapter and several local chapters in Arizona. NORML is a consumer and law-reform advocacy organization that participates in the national debate over the efficacy and reform of state and federal marijuana prohibition laws. NORML seeks the regulation, control and taxation of marijuana under state law and administrative regulation to achieve, among other public things, the effective protection of medical marijuana patients from the harsh and irrational penalties associated with the current prohibition policy. In short, medical marijuana patients do not deserve to be penalized for their responsible medical use of marijuana. Toward that end, NORML has long supported policies that would permit seriously ill patients to use cannabis as a medicine with a recommendation from their physician and has been instrumental in the adoption, by state legislatures and ballot initiatives, of state laws protecting patient access to doctor-approved use of marijuana for medicinal and palliative purposes in 20 states and the District of Columbia (including Proposition 203 in Arizona. NORML opposes the use of marijuana by children and adolescents, and has published a set of guidelines for responsible marijuana

3 smoking entitled "Principles of Responsible Cannabis Use." NORML s interest in ending marijuana prohibition for patients whose use is medical is longstanding and currently manifests in three significant ways: Most significantly, NORML maintains one of the largest online libraries dedicated to the peer-reviewed science regarding cannabis. Specifically, the organization publishes the booklet, Emerging Clinical Applications for Cannabis and Cannabinoids: A Review of the Recent Scientific Literature, now in its fifth printing, which summarizes over 200 peer-reviewed clinical and preclinical trials assessing the safety and therapeutic efficacy of cannabinoids. The print publication is updated annually, and the online version is updated more frequently, often immediately after new, relevant clinical research is published. Additionally, in November 2011, members of the NORML Legal Committee filed suit against the federal government to halt it from interfering with the enactment of state-sponsored medical marijuana laws and from federally prosecuting state-compliant patients and providers. The suit was filed on behalf of various California patients, property owners, and cannabis dispensary operators, and was brought simultaneously in all four federal districts in California. Plaintiffs argue that they have a constitutional Ninth Amendment and Substantive Due Process fundamental right to

4 distribute, possess and use medical cannabis. The suit is presently before the Ninth Circuit Court of Appeals. The cases are El Camino Wellness Center, et al. v. Eric Holder et al. (Sacramento, Ninth Circuit Case No ; Marin Alliance for Medical Marijuana, et al. v. Eric Holder, et al. (San Francisco, Ninth Circuit Case No ; and Alternative Community Health Care Cooperative, et al. v. Eric Holder, et al. (San Diego, Ninth Circuit Case No Also, in January 2013, NORML partnered with The Answer Page, Inc. to provide educational content for physicians seeking CME-accredited information regarding the cannabis plant and its potential therapeutic applications. The Answer Page, an online medical educational resource, provides daily education to healthcare professionals in 120 countries. This content is jointly sponsored by the Massachusetts Medical Society and The Answer Page and is approved for AMA PRA Category 1 Credits. Finally, NORML is at the forefront of the issue of marijuana use and driving under the influence (DUI. Recently, NORML published a paper in the Humboldt Journal Of Social Relations, a peer reviewed journal, making the scientific case for why proposed cannabinoid per se driving laws (for both active THC and inert THC metabolites are inconsistent (at best predictors of behavioral impairment (Should Per Se Limits Be Imposed For

5 Cannabis? Equating Cannabinoid Blood Concentrations with Actual Driver Impairment: Practical Limitations and Concerns Id., Issue 35, 2013, by Paul Armentano, NORML Deputy Director. STATEMENT THAT APPLICANT HAS READ THE RELEVANT BRIEFS: Applicant has read the relevant briefs, including the Petition for Special Action, the State s Response to Petition for Special Action, and Amicus Curiae Brief on Petition for Special Action. REASONS FOR ACCEPTING APPLICANT S AMICUS CURIAE BRIEF This case presents an important issue concerning the lawful medical use of marijuana by an Arizona registered patient: whether a registered medical marijuana patient may operate his or her vehicle in Arizona while having marijuana metabolites or components in his or her system. The decision of this Court will immediately impact the interests of tens of thousands of Arizona residents and will likely affect hundreds of thousands more persons in the future as the number of registered patients increases. Moreover, an Amicus Brief on Petition for Special Action was filed by Tobin Sidles of the Oro Valley Prosecutor s Office. That brief offers a biased and one sided opinion supporting the State s argument. It is

6 important that the Court also have the opportunity to hear from NORML, who provides public policy insight from a different perspective, that of the tens of thousands of registered medical marijuana patients in Arizona. NORML s brief will avoid redundancy and will not serve to merely extend the length of Petitioner s brief. Rather it will provide a broader, more abstract presentation of law that is not narrowly tied to the facts of this case, providing background and context for the Court s decision. WHEREFORE, the Applicant moves that this Motion for Leave of Court to File Amicus Curiae Brief be granted, and that its attached brief be accepted for filing. RESPECTFULLY SUBMITTED this September 6, 2013, Thomas W Dean Attorney for NORML

7 CERTIFICATE OF COMPLIANCE Pursuant to Rule 7(f of the Arizona Rules of Procedure for Special Actions and Rule 16 of the Arizona Rules of Civil Appellate Procedure, I hereby certify that this Motion for Leave to File Amicus Curiae Brief is double spaced, uses 14 point Times New Roman proportionately-spaced typeface, and contains 1,341 words. RESPECTFULLY SUBMITTED this September 6 th, 2013, Thomas W Dean Attorney for NORML Bar No

8 CERTIFICATE OF SERVICE Thomas Dean hereby certifies that he is the attorney for NORML and that, on September 5 th, 2013, he caused to be filed and served the following document and appendix: MOTION FOR LEAVE OF COURT TO FILE AMICUS CURIAE BRIEF That the original of the foregoing document was e-filed to: Clerk of the Court of Appeals Division Two State Office Complex 400 West Congress Street Tucson, AZ That one copy of the foregoing document was sent via regular U.S. mail to: Michael Larsen Deputy County Attorney Pinal County 575 North Idaho Rd., Suite 200 Apache Junction, AZ Attorney for Real Party in Interest The Honorable Gilberto V. Figueroa Judge, Pinal County Superior Court 971 Jason Lopez Circle Building A Florence, AZ David T. Wilkinson Deputy Public Defender P.O. Box 887 Florence, AZ Attorney for Petitioner-Appellant Tobin Sidles Legal Services Director/ Chief Prosecutor Oro Valley Prosecutor s Office North La Cañada Drive Oro Valley, Arizona The above Certificate of Service is true and accurate to the best of my knowledge, information and belief. Dated September 6, 2013, Thomas W. Dean