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Our products are rigorously tested for their consistency, and guaranteed safe for your pet. But when New Times pointed out the convictions of Brown and Stapleton among the released documents, the office acknowledged that it had prosecuted suspected CBD oil cases. It's not doing that anymore, according to Bill Hughes, the chief criminal deputy for the Yavapai County Attorney's Office.
The office "currently" will not prosecute possession of "likely" CBD oil unless there is additional evidence such as a lab report that proves the substance contains more than trace amounts of THC, according to Hughes. Hughes said he wasn't sure when the office changed its policy. But he noted that while some products contain 0. But, he added, "Such cases may have happened.
Hughes emphasized that of suspected narcotic cannabis cases submitted to the office by law enforcement agencies between January 1, , and July 1, , the office declined to bring that charge in of the cases.
As with the 90 cases reviewed by New Times , it's likely that the majority of the cases involved other, potentially serious criminal charges against suspects. But it's clear that Yavapai County has continued to prosecute valid medical-marijuana cardholders for cannabis extracts since the arrest of Jones in In two other cases from the list of 90 cases, medical-marijuana patients were charged with possessing extracts that are sold commonly in state dispensaries.
One of them was Ashle Stuart, a year-old mom from the small town of Cornville. She's a registered dispensary agent for a medical-marijuana business in Yavapai County, Harvest of Arizona, which acquired the previous dispensary she worked for, Yavapai Herbal Services.
She's also a medical-marijuana patient, consuming primarily for her chronic pain. And no, she's not faking it. She has a medical port near her right shoulder to make it easier for intravenous fluid uptake, which she needs to help treat her "autonomic nervous system disorder.
Her Phoenix attorney, Sam Harbison, confirmed that Stuart has a legit diagnosis, and that she had brain surgery several years ago as a result of the illness. Stuart met with New Times in Harbison's office last week. Stuart and her fiance, German Fritzler, had been working all day on October 13, , she as a budtender and Fritzler as a trimmer in the dispensary's cultivation facility.
He was covered in tiny bits of marijuana as they drove home that evening on Cornville Road. Fritzler's silver SUV had a burnt-out license plate light, and they got pulled over by Yavapai County Sheriff's Deputy Bea Carrillo, who told the pair that the car smelled of burnt marijuana.
Carrillo found multiple containers of marijuana and pipes in the car, court documents show. Carrillo also found a "small rubber container which contained marijuana wax," a THC vape cartridge for Stuart's vape pen. Carrillo suspected Fritzler was too impaired to drive. After taking them to jail, the deputy submitted a DUI-drugs charge for Fritzler, plus a possession of marijuana charge because a few of the loose pieces of marijuana had landed in a front pocket.
Carrillo wrote up Stuart for the wax and paraphernalia, despite her valid Arizona medical-marijuana card and the dispensary receipt for the vape cartridge. Stuart said she was booked into a "freezing" jail cell, denied her blood pressure medicine, and not released until 3 p.
Soon, she was charged with two felonies. With the help of family members, she located and hired Harbison to help her fight what she felt was a bogus prosecution. The most logical tactic was to wait for the Arizona Court of Appeals to rule on the Jones case. Prosecutors went along with it for a while, "but they finally said no more" and set a hard deadline for a deferred prosecution deal, Harbison said.
Then came the June ruling in the Jones case, and it wasn't favorable to defendants like Stuart. She took the plea deal in July. The deferred prosecution deal forces Stuart to undergo probation, which includes drug treatment for three years.
As long as she completes the program successfully, she'll be convicted only of one misdemeanor. Meanwhile, Fritzler agreed to a deal in which he pleaded guilty to one count of possession of marijuana, with the DUI and a paraphernalia charge dropped. For the next three years, Stuart has to check in at the county probation office once a month, and a probation officer also visits her home once a month.
She must submit to urine testing three times a month at the local TASC drug treatment facility. Arguably, in Stuart's case, the whole system appears to be a farce: Stuart tests positive for THC each time she comes in, and that's okay, because she's legally allowed to continue using medical marijuana as a patient under state law.
Besides the CBD and patient prosecutions , other Yavapai cases among the 90 reviewed by New Times show that if any former patients or dispensary agents expect to get a break from law enforcement in Yavapai County for simple possession, they might be over-medicating. Jordan Warren was booked into jail on April 14, , after a Prescott Valley police officer stopped him for a cracked windshield and found three canisters packed with joints, another container with two grams of pot, and a canister of "wax.
Police sought felony charges of possession of marijuana and paraphernalia, plus possession with intent to sell, but he was ultimately charged with felony narcotic cannabis possession and paraphernalia. He took a plea deal to the paraphernalia. Four other defendants, including one from California, reportedly had medical-marijuana status that had expired.
Also, two registered dispensary agents, who aren't allowed to possess or use marijuana personally unless they have patient status, were among those arrested in on felony extracts charges and later convicted. One of the dispensary workers, Kasandra Stout, is allowed to transport medical marijuana under Arizona law but was convicted with a plea deal after police found THC-infused honey in her vehicle.
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