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Arizona vs Myra Harris PDF - Online Pot

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argument about whether the term ‘metabolite’ is singular orplural.” The court recognized it was permitted to interpret thesingular form in the plural to overcome the ambiguity, butdeclined to do so.Instead, the court reasoned that the Statehad not shown “the legislature necessarily intended to includeall possible derivatives of drugs—particularly inactive endproducts that no longer affect an individual.”6 Although finding that Carboxy-THC is a metabolite ofmarijuana, the superior court determined that the legislaturedid not intend to include Carboxy-THC within the term “itsmetabolite.” The court relied on the State’s expert, whotestified Carboxy-THC was not psychoactive and could take up tofour weeks to completely evacuate the body.Additionally, thecourt rejected the State’s reliance on Hammonds and Phillips andinstead focused on the inactive nature of Carboxy-THC. Thecourt therefore concluded that “the legislature did not intendfor the term metabolite to include more than the single activemetabolite—[H]ydroxy THC.” The State then petitioned forspecial action relief in this court.SPECIAL ACTION JURISDICTION7 Special action review seeks extraordinary relief andis therefore highly discretionary. State ex rel. Romley v.Fields, 201 Ariz. 321, 323, 4, 35 P.3d 82, 84 (App. 2001).Because this case involves a pure question of law, and it4

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