Dispensary associations and operators say they’ll wait for a final ruling on the matter by the Arizona Supreme Court. Until then, they will continue to sell the products targeted by appeals court decision.
The position is something of a gamble because the appeals court ruling technically applies statewide. Potentially, patients and dispensaries now face criminal prosecution over extracts, which are made into popular products found at dispensaries like vape pen oil, infused edibles, and shatter.
The state Department of Health Services, which oversees the medical marijuana program, indicated in a statement on Friday that officials are still trying to decide what to do.
The opinion didn’t instruct the DHS to change its rules, officials noted. “However, criminal law does take precedence over department rules,” the statement says. “The department is reviewing this case with its legal counsel to determine whether any rule changes are necessary.”
Kevin DeMenna, a lobbyist for