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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34550
Experience:  16 yrs. of experience including criminal law.
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in az can you smoke medical marijuana in a hotel room

Customer Question

in az can you smoke medical marijuana in a hotel room
Submitted: 3 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

Not sure I understand your question. Do you want to know if a person, licensed by the state to consume marijuana for medical purposes, can legally consume it outside their home in a hotel?

Or do you want to know if a hotel can prevent consumption of marijuana on its premises?
Customer: replied 3 years ago.

i want to know if i rent a smoking room in a hotel can i legally smoke medical marijuana? not in the lobby, or in the parking lot, but in the smoking hotel room i rented?

Expert:  P. Simmons replied 3 years ago.
Thank you

Technically, no. That is because possession of marijuana is a crime under federal law. Because of this, a hotel can legally prohibit possession/consumption of marijuana, even if the person who intends to consume it has permission from the state. Regardless of the status under state law, possession of marijuana remains a felony under federal law.

Now...this area of the law is changing. Slowly. The President has indicated he will not prosecute individuals who are licensed to consume under state medical marijuana laws. So it is highly unlikely that the federal government would care of your use.

But understand that since marijuana possession remains a federal crime, the hotel can prevent its use on its premises.

Please let me know if you have more questions...happy to assist if I can
Customer: replied 3 years ago.

but under state law i can smoke med mj in my rented smoking room...correct? and also just out of curiousity if it was ok in fed law then could the hotel prevent me from smoking med mj? also is it true that i can legally under state law smoke out of a vaporizor almost anywhere and consume edibles anywhere?

Expert:  P. Simmons replied 3 years ago.
You bet. If you are licensed (a medical marijuana patient) you can consume in your hotel room as far as state law is concerned.

But since there is the fed law, that give the hotel an easy way to prohibit its use.

Now...if there was no federal law (and if you look at the trend, that may happen soon)? And this was a smoking room? I do not believe the hotel would have any basis to deny your use of your medication.

Now, about vaporizing or eating the marijuana? Again, under state law? No issue. Under federal law, a felony that is not being enforced. So it is really the same as the analogy with smoking it. You can do in your own home. No problem. But on property belonging to another (like, for example, a hotel), you would be bound by their rules. They could prevent you from use in any manner so long as it remains a federal crime. If/when that federal criminal status ends? Then I think they will have a tough time preventing you from using your prescribed medication.

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