PHOENIX — A new ruling from the state Court of Appeals threatens to make criminals out of medical marijuana patients who choose edibles and drinks rather than smoking the drug and the dispensaries that prepare and sell them.
In a divided decision, the majority concluded that hashish, essentially the resin of the cannabis plant, is legally not the same as the plant itself. The ruling said the 2010 voter-approved law that legalized marijuana for medical purposes allows patients to possess only forms of the plant and not the resin — or anything made from that.
Most immediately, the ruling upholds the conviction of a medical marijuana patient who was sentenced to 2½ years in state prison for having 0.05 of an ounce of hashish.
But attorney Jared Keenan of the American Civil Liberties Union, pointed out that many edibles are made not with the full plant but with the resin. And if possession of that resin in any form is a felony, then everything from candy bars and gummy bears to drinks and