Thomas W. Dean Attorney for NORML 13201 N. 35TH Ave. Office Suite B-10 Phoenix, AZ 85029 Tel: (602) 635.4990 Fax: (928) 247.6036 AZ Bar No. 015700
IN THE SUPREME COURT STATE OF ARIZONA TRAVIS LANCE DARRAH,
Petitioner, vs.
The HONORABLE CRANE
MCCLENNEN, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa,
Respondent Judge,
STATE OF ARIZONA, by the MESA CITY PROSECUTORS OFFICE, Real Party in Interest.
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Arizona Supreme Court CV- 14-0303-PR Court of Appeals Division One No. 1 CA-SA 14-0054 Maricopa County Superior Court LC2013-000517_ Mesa Municipal Court
No. 2011103211
MOTION FOR LEAVE OF COURT TO FILE AS AMICUS CURIAE IN JOINT AMICUS CURIAE BRIEF
NORML (National Association for the Reform of Marijuana Laws), hereby respectfully moves this Court for leave to appear as Amicus curiae and file the accompanying Amicus curiae 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 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, NORML believes that 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 marijuana as a medicine with a recommendation from their physician and has been instrumental in the enactment, by state legislatures and ballot initiatives, of state laws protecting patient access to doctor-approved use of marijuana for medicinal and palliative
purposes in 23 states and the District of Columbia (including Proposition 203 in Arizona).
NORML has published guidelines for responsible marijuana smoking entitled "Principles of Responsible Cannabis Use”, which explicitly discourage
against DUI cannabis behavior:
http://norml.org/about/intro/item/principles-of-responsible-cannabis-use-3. 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 (http://norml.org/pdf_files/NORML_Clinical_Applications_for_Cannabis_and_Ca nnabinoids.pdf) is updated more frequently, often immediately after new, relevant clinical research is published. 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.
NORML’s website also contains a wealth of additional information relating to medical marijuana, including updates in legal developments and a brief bank addressing a number of medical marijuana related issues. On a regular basis, NORML is involved in litigation in the courts and before various state and federal agencies, both as a party and as Amicus curiae, arguing for reform of laws pertaining to the use of medical marijuana.
Finally, NORML is at the forefront of the issue of marijuana use and driving under the influence and has published recent peer reviewed papers by NORML Deputy Director Paul Armentano, including the following: “Cannabis and Psychomotor Performance: A Rational Review of the Evidence and Implications for Public Policy”. Drug Testing & Analysis, Volume 5, Issue 1, pp. 52-56, Armentano. 2012; and “Should Per Se Limits Be Imposed For Cannabis? Equating Cannabinoid Blood Concentrations with Actual Driver Impairment: Practical Limitations and Concerns”. Humboldt Journal of Social Relations, Issue 35, pp. 41-51, Armentano, 2013. Also, NORML has contributed to the following academic anthologies:. “Driving Under the Influence”. In: Holland. The Pot Book: A Complete Guide to Cannabis, Its Role in Medicine, Politics, Science, and
Culture. Toronto: Park Street Press. pp. 196-201, Armentano. 2010; and “Are THC concentrations appropriate for presuming psychomotor impairment?” In. Tiftickjian. Colorado Marijuana: The Law and Practice. Tucson: Lawyers & Judges Publishing Company, Armentano, 2015 (in press). You NORML has also published a white paper available on its website at:
http://norml.org/library/item/cannabis-and-driving-a-scientific-and-rational-review?category_id=617
STATEMENT THAT APPLICANT HAS READ THE RELEVANT BRIEFS: Applicant has read the relevant briefs, including the Petition for Review of a Special Action Decision of the Court of Appeals and the State’s Response to that Petition.
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 medical marijuana patient: whether the Arizona Medical Marijuana Act provides a registered medical marijuana patient with immunity from prosecution for a violation of A.R.S. § 28-1381(A)(3) which makes it unlawful for a person to drive with marijuana metabolites in his or her system. The decision of this Court will immediately impact the interests of more
than 60 thousand Arizona residents currently registered as medical marijuana patients in the State of Arizona and will likely affect hundreds of thousands more persons in the future as the number of registered patients continues to increase. It is important that the Court have the opportunity to hear from NORML, which has considered this issue for many years and is in a unique position to provide public policy insight. 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 respectfully moves that this Motion for Leave of Court to File as Amicus Curiae in Joint Amicus Curiae Brief be granted, and that its attached brief be accepted for filing.
ELECTRONICALLY SUBMITTED this February 12, 2015, /s/
____________________ Thomas W Dean
