Arizona woman’s medical pot use while pregnant protected by law, court rules

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PHOENIX (AP) - The Arizona Court of Appeals has ruled that state officials were wrong to put a woman who legally used medical marijuana while pregnant on an employment-related list that indicated she had neglected a child through prenatal exposure of her infant.

A three-judge panel’s ruling on March 31 said the woman’s possession of a user card under the state’s medical marijuana program provided her legal protection for medically directed treatments, precluding her from being put on a list used for determining a person’s qualification to work for child welfare agencies or entities that provide contract services to children or vulnerable adults.

The ruling said it is not up to courts to rule on the "wisdom" of laws though it said the protection provided by Arizona’s voter-approved medical marijuana law "may be unwise" in light of health officials’ warnings about the effects of marijuana use during pregnancy.

The appellate court’s ruling overturned a decision by the state Department of Child Safety’s director and a ruling by a trial court judge.

A spokesperson for the state Attorney General’s Office did not immediately respond Friday to a request for comment on the ruling and on whether the office would ask the Arizona Supreme court to review it.