AZ: Smoking MMJ in a parked car on a commercial lot is “public”

Smoking medical marijuana in a car in a commercial parking lot is public enough that it violates the AMMA to do so. While a car has some privacy, anything visible isn’t. Following People v. Carlton, 880 N.W.2d 803 (Mich. Ct. App. 2015). State v. Tagge, 2019 Ariz. App. LEXIS 459 (May 9, 2019).

“[T]he recording of the controlled buy provided probable cause for the search warrant without regard to the other information in the application.” People v. Kirkley, 2019 NY Slip Op 03703, 2019 N.Y. App. Div. LEXIS 3717 (3d Dept. May 9, 2019).*

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