‘SU; YAVAPAI LouRDES Topp YAVAPAI COUNTY PUBLIC DEFENDER 2) UH -7 PH 21 2830 N, Commonvealth Drive, Suite 101 ‘Camp Verde, Arizona 86322 BONA NCGUALITY, CLERK Phone Number (28) 567-7758 ‘Fax Number (928) 567-7764 M. T. RYAN ‘E-Mail: grace.guisewite@yavapai.us BY:. Grace M. Guisewite, State Bar No, 029536 ‘Matthew D. Cochran, State Bar No. 021712 ATTORNEYS FOR DEFENDANT IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF YAVAPAI STATE OF ARIZONA, ) Case No.: V1300CR201780246 ) Plaintiff, } MOTION TO REMAND ) Hon. Michael R. Bluff, Div. 7 ADAM CHRISTOPHER WANKO, ) ) (ral Argument Requested) Defendant. 3 ‘Adam Christopher Wanko, by and through undersigned counsel, and pursuant to Arizona Rule of Criminal Procedure 12.9, moves to remand the case to the Grand Jury for a new probable cause determination. Rule 12.9 requires a remand in order to remedy a substantial violation of Mr. Wanko’s due process rights, guaranteed under the Fourteenth Amendment to the United States Constitution as well as Article Il, Section 4 of the Arizona Constitution. Further support is provided in the attached Memorandum of Points and Authorities RESPECTFULLY SUBMITTED this "F_day of June, 2017, YAVAPAI COUNTY PUBLIC DEFENDER Deputy Public Defenders Attomeys for the DefendantMEMORANDUM OF POINTS AND AUTHORITIES 1. Facts On March 13, 2017, Mr. Wanko was arrested for driving on a suspended license.’ Law enforcement located a container of marijuana in wax form during the subsequent inventory search.? Mr. Wanko presented a valid medical marijuana card and informed the officer that he had lawfully purchased the wax from a medical marijuana dispensary. Mr. Wanko was charged with Possession of a Narcotic Drug (Cannabis) and Possession of Drug Paraphernalia. ‘The Government presented the case to a grand jury on May 3, 2017. During the presentation the Government read the Arizona Medical Marijuana Act (“AMMA”).* The Government also read defense counsel’s Trebus Letter’, which informed the grand jury that wax is sold by dispensaries licensed by the State of Arizona. Following the presentation, the following exchange occurred between two grand jurors and the prosecutor: Grand Juror P.: What's the difference between the cannabis and the ‘marijuana? I know cannabis is the plant, but — Prosecutor: Kind of different. Marijuana is defined as a green, leafy substance of the plant, typically the bud or the leaves. Cannabis is extracted from the plant and concentrated; it goes through a process, oftentimes hash, weed wax.” " DPS Trooper Cory Dillman, DR2017-013443 (Mar. 13, 2017). 2 Id. Sid. $GU, Tr. 4:15 - 13:19, 5 Adam Wanko Trebus Letter (emailed to grand jury prosecutor on May 2, 2017), enclosed as Ex. 1. * Id. at 16:18 -17:5. "fd. at 17:23-18:4,A second grand juror, clearly confused, attempted to redirect the prosecutor to answer the question posed by the other grand juror. Grand Juror N.: So did the medical — The prosecutor cut off the grand juror’s question, asking if it was directed to him (the prosecutor) or to the testifying officer.” This further confused the grand juror, who then asked: Grand Juror N.: Could you explain why he was charged?!” The prosecutor did not answer the question. Instead, he asked the testifying officer to leave the room and then asked: Prosecutor: Do any members of the grand jury have any legal questions for mysel ‘The grand juror queried again: Grand Juror N.: Did the fact that his medical marijuana card not allow him to have this cannabis wax in his possession?"? Rather than turn to the statutes at issue, the prosecutor inserted himself into the proceedings, telling the grand jury: Prosecutor: The State’s theory is that the Arizona medical marijuana card applies only to marijuana — the green, leafy substance — and not to cannabis, a narcotic drug, the side products of THC concentrate to include weed wax and oils and items of that nature.'? ‘The following exchange then occurred with a third grand juror: 8 Id. at 18: ° Id. at 18:6- Fd, at 18:8-10. Mid, at 18:11 - 19:1. ” Fd, at 19:2-4, © Id, at 19:5-9.