Arizona Court Of Appeals Upholds Medical Marijuana Limits For Patients With PTSD

Published: Monday, March 20, 2017 - 8:50am

The Arizona Court of Appeals late last week upheld the limits enacted by the Department of Health Services on when doctors can recommend marijuana to patients with post-traumatic stress syndrome.

The unanimous decision rejected arguments by the Arizona Cannabis Nurses Association that it was illegal for former DHS director Will Humble to conclude that the only legitimate use of marijuana for PTSD is for "palliative care," meaning to help alleviate the symptoms.

The court also upheld the requirement that patients try traditional therapies to treat PTSD before they can legally try pot.

Attorney Ken Sobel, representing the challengers, said it is based on a misreading of the 2010 voter-approved law that makes marijuana use legal for medical reasons.

"We believe that the men and women who fought for us in Afghanistan and Iraq and who returned home with these significant horrible injuries should not be required to do more than the other listed conditions," Sobel said.

That 2010 Arizona Medical Marijuana Act specifically allows the use of the drug by patients suffering from a list of medical conditions like glaucoma, AIDS and any debilitating condition that leads to severe and chronic pain.