phoenixnewtimes.com PHOENIX NEW TIMES MARCH 10TH– MARCH 16TH, 2022 State Licensed Dispensaries & Doctor Certifications | CANNABIS | Pot from p 59 Wolf. On April 18, Wolf was driving a decommissioned school bus from Texas to California for shipment to a buyer in Tokyo, who intended to use it as a personal recreational vehicle. Wolf was pulled over on Interstate 10 between Phoenix and Tucson. The arresting officer, Trooper Matthew Auerbach, “smelt an odor of marijuana,” according to prosecutors’ court filings last fall. After a brief struggle, Auerbach arrested Wolf and charged him with one count of “Possession and or Use of a Prohibited Drug in a Commercial Motor Vehicle,” court records showed. The voter-approved act specifically disallows the odor of marijuana as prob- able cause for a vehicle search. But PCAO pursued a charge anyway in the Western Pinal Justice Court, claiming that since the driver was engaged in interstate commerce, the state had the right to prosecute. Dean argued the search was not legal because there was no legitimate probable cause and the case should be dismissed. “Rather than list out every conceivable place an adult may possess marijuana, SSAA simply provides that an adult can possess it anywhere, which would include a motor vehicle,” Dean wrote in a September motion, adding, “Wolf was not charged with violating a federal regulation, but rather a state one.” He also argued the local court had no jurisdiction over a prosecution stemming from the Code of Federal Regulations, which should have been heard in U.S. District Court instead. Pinal County Deputy Attorney Allaura Dabbene argued that since the bus was not in the possession of the buyer, in the eyes of her office it was still in service and consid- ered a commercial vehicle. “The SSAA is not controlling in this issue because the defendant has not been charged with simple possession in this case,” Dabbene wrote in response. “If he was, the state would have dismissed the charges, but in this case, he was charged with possession of marijuana while driving a commercial motor vehicle.” Dabbene added, “There is nothing in [SSAA] to indicate that the Arizona voters intended to decriminalize the possession of marijuana for commercial motor vehicle drivers. If this was the case, school bus drivers, or city bus drivers, would be allowed to possess marijuana while on duty and in the normal function of their job.” She argued that since Arizona controls I-10, the case was rightly an issue for state courts because state agencies are subject to federal motor carrier safety regulations. Judge Lyle Riggs acknowledged that Dean’s motion to dismiss was procedur- ally proper. “If the provisions of SSAA abrogate [federal] provisions ... the defendant would be immune from prosecution,” Riggs opined. “SSAA is relatively new and there will be many questions of first impression for an appellate court to ultimately resolve.” “This may very well be one such ques- tion,” Riggs wrote. In December, Riggs dismissed the case with prejudice, meaning it cannot be brought back or re-litigated. Afterward, Pinal prosecutors defended Tom Dean Attorney Tom Dean. their actions, but vowed not to appeal. “Prop 207 and related possession of marijuana is wide-ranging and when dealing with cases on an individual basis, there remain ‘grey areas’ and a level of ambiguity that is still being resolved,” wrote PCAO Public Information Officer Mike Pelton in response to inquiries by Phoenix New Times. “Our position was based upon a rational interpretation of the statute and the voters’ intent. We respect the judge’s ruling and did not appeal or challenge the judge’s decision.” Neither Mohave County case was dismissed in North Rim Justice Court in Colorado City. One of the cases was settled when the defendant, New York resident Nicholas Rogers, decided he could not afford to fight the case, given the amount of travel that would have required. “He was a passenger in the vehicle and did not have a commercial license, so it was not in his best interest to pursue the case,” Dean told New Times. Rogers pled guilty to a misdemeanor and >> p 63 paid a small fine, but the second 61
