An individual pled guilty to felony possession of cocaine for sale. A court later set aside that conviction under A.R.S. § 13–907, releasing him from the “penalties and disabilities resulting from the conviction.” When the individual later applied for a caregiver registration card under the Arizona Medical Marijuana Act (“AMMA”), the Arizona Department of Health Services revoked the caregiver registration card based on the set-aside felony. That decision was confirmed through administrative challenges and affirmed by the superior court. The individual appealed.
The Court of Appeals affirmed. A person with a recent felony drug conviction is not eligible for an AMMA caregiver registration card. The AMMA provides no exception for convictions that are set aside. Setting aside a conviction under A.R.S. § 13–907(C) releases a person from “penalties and disabilities,” but a set aside does not eliminate all consequences of a criminal conviction or make the conviction a nullity. The Court of Appeals held that ineligibility for a caregiver registration card is not a penalty or disability that can be set aside. It is a collateral consequence under the AMMA which is designed to protect the public.
Presiding Judge Howe authored the opinion; Judges Winthrop and Thompson concurred.
Posted by: Brian K. Mosley