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Arizona high court to review ruling on Yavapai County plea agreement issue involving marijuana


PHOENIX — The Arizona Supreme Court agreed Tuesday to review a lower court's ruling on a prosecutor's insistence that plea agreements prohibit using marijuana, whether medicinal or not.

The case began when Yavapai County Superior Court Judge Cele (suh-LAY') Hancock deleted a provision against marijuana use from a criminal defendant's plea agreement.

County Attorney Sheila Polk wanted to include the prohibitions in all plea agreements, while Hancock maintained that would improperly tie hers hands.

The Court of Appeals ruled that Hancock was wrong to take a blanket position but that it was appropriate for the one defendant's plea agreement to prohibit marijuana use.

The court also said Polk's blanket insistence on including marijuana-use prohibitions doesn't satisfy her duty to write plea agreements to fit individual cases' circumstances.

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