Cannabis Cancer Patient Arrested in Arizona For Having Cannabis Oil In His Car
Medical cannabis is legal in Arizona, but some legal dispensaries continue to sell concentrates that are illegal. Patients are caught up in the confusion, like this cannabis cancer patient arrested for possessing the wrong type of medicine.
In March 2017, Arizona resident, Adam Wanko, was pulled over by the police for driving with a suspended license. He knew he was in trouble, but he never expected to find himself in prison for carrying his prescription medical cannabis in the vehicle.
Legal Status of Cannabis in Arizona
Following legalization of medical cannabis in Arizona in 2010, a wave of confusion hit the state with regards to which cannabis products were allowed for consumption. Concentrates were deemed illegal, although in January 2019, the Arizona Supreme Court has agreed to reconsider this status. The high THC of resin-based products qualify as ‘narcotics’ without medical purpose. Patients with severe chronic pain and cancer pain, however, require these higher levels of THC to function.
When Wanko was pulled over, the police officer asked the 48-year-old if he had any drugs on his person. Understanding that this likely included cannabis, Wanko provided the officer with his medical cannabis card. The officer then discovered cannabis oil in the center console. Wanki argued that he was a legal patient and this was his medicine. The officer did not agree.
A Man in Jail Dying From Cancer And Denied His Medicine
Wanko was arrested on felony drug charges, and since he is off work due to illness, he was unable to pay the $2,500 bail. It was two weeks before a friend was able to bail him out. Wanko is dying from stage 4 squamous cell carcinoma ands uses the cannabis to manage the side effects of the chemo he is using to extend his life. While imprisoned, Wanko was unable to see his doctors or continue his cannabis treatments. Chemotherapy also lapsed.
The officer wrote in his report: “My training and experience led me to believe [this] was marijuana or cannabis oil.” Very good, officer. But so what? It seems like a spoof on arrest procedures.
The Cannabis Confusion in Arizona
Wanko had purchased the oil from a legal medical cannabis dispensary. It has brought immeasurable benefit to his life in terms of helping him regain strength and weight. He had lost 80lbs due to chemo treatment; emaciated and weak, Wanko’s quality of life was greatly diminished until cannabis was started.
Other patients have also run head on into trouble with the law for legally purchasing cannabis products that are not flower. All concentrates are disallowed, although you will still find them available for sale in legal dispensaries. The law against the use of cannabis concentrates has lawyers and patients scratching their heads. Fortunately, the Arizona Supreme Court has agreed to reconsider the designation of concentrates as narcotics, but that case it still before the courts.
Public defender, Jared Keenan, who works for the American Civil Liberties Union on behalf of people like Wanko, said of those prosecutors: “They are going after those least able to fight back: indigent, poor, criminal defendants.” Keenan went on to criticize the controversy around cannabis products: “At the time that they [patients] possessed this cannabis, they would have had no indication whatsoever that this is illegal.” (kjzz.org)
Wanko is potentially looking at 10 years in prison due to a previous criminal record relating to drug felonies. It’s not likely that his cancer will allow him to serve that time regardless of the outcome of his upcoming case.