Legal Reference

Arizona Constitution Question

Does the Equal Protection Clause give EVERYBODY the right to smoke pot?

If sick people can smoke pot, everybody should be able to per the Equal Protection Clause

The Equal Protection Clause of the Arizona Constitution says that you can't give special rights to one set of persons and not give those same rights to ALL people.

Now Prop 203 gives the special right of being able to smoke marijuana to sick people, but it doesn't give the right to smoke marijuana to ANYBODY else.

Prop 203 gives very sick people the right to use marijuana, but it doesn't give anybody else the right to use pot. I wonder if the equal protection clause of the Arizona Constitution can be used to force the Arizona government the right to let EVERYBODY smoke pot.

Article 2 Section 13

Equal privileges and immunities

Section 13. No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.