A thirty eight year old man from Phoenix was killed yesterday while he was attempting to rob a medical marijuana patient. The patient had advertised on line that he was willing to sell off some of his harvest to anyone with their own medical marijuana card. Miller and another man went to meet the patient under the guise of wanting to purchase the extra cannabis.
The three men met at the sellers apartment, and when the man asked to see their medical marijuana cards, one of the men said that he had forgotten it in his apartment, luring the seller to the back of the apartment complex where he said he lived. When they got there, Miller pulled out a gun in an attempt to rob the seller of his marijuana. The seller also had a gun, which he promptly pulled out and fired a fatal shot.
The second man fled on foot with the sellers backpack and the marijuana in question. The seller immediately called 911 and when police arrived, he was attempting to give the injured man first aid. He was taken to a hospital where he died of this injuries.
So far, the seller whose name has not been released yet, has not been charged with a crime. Legal analysts are debating whether he can be charged with a crime. Arizona’s new statute says that when you get a medical marijuana card in the state, you must agree NOT TO divert marijuana to anyone who isn’t allowed to possess marijuana.
Since the seller in this case was requiring the men to produce a medical marijuana card before he gave them his extra medical marijuana, it appears he was in good faith trying to uphold that part of the statute. Joe Yuhas, a spokesperson for the Arizona Medical Marijuana Association says that the initiative was designed so that licensed dispensaries would be the place patients could obtain medicine. He believes in this case, the seller did not meet any requirements to sell his medical marijuana under the law. Although he was a patient, he was not a caretaker. the Maricopa County Attorney’s office will get the last say on whether the seller will be charged with a crime. All we know so far is that that office has already taken a firm stance against medical marijuana in the state.