PHOENIX - A Phoenix man trying to sell medical marijuana was robbed and shoots and kills the suspect in self defense.

Was this a drug deal gone bad or was this guy legally selling medical marijuana?

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Right now, we can't get a straight answer. It all depends on how you interpret the new medical marijuana law.

A shooting and a life lost on Thursday raises questions, such as is it legal for card holders to grow and sell their own pot?

Police say a 30-year-old medical marijuana card holder took out an ad, offering to sell pot to other card holders. He agreed to meet two men at an apartment complex near 19th Avenue and Missouri.

"When he met them, he asked for their medical marijuana card," said Phoenix Police Sgt. Steve Martos.

Instead, police say the men pulled out a gun and tried to rob the 30-year-old selling the medical marijuana. He tells us he had no choice to pull out his concealed handgun and shot one of the robbers, 38-year-old Larry Miller. The other suspect grabbed the marijuana and ran off.

Police say they were unsure whether they should arrest the 30-year-old for selling pot and for murder or if he was legally selling medical marijuana and killed the robber in self-defense.

"Our investigators had to make a number of calls to determine if in fact this person who has this card is allowed to sell to other individuals who possess this same card," said Martos.

The 30-year-old, whose name wasn't released, was not arrested.

The Attorney General's office says if he's a cardholder selling medical marijuana for profit, it's illegal. However, police say how to do they prove he was making a profit? What if he was selling the marijuana at what it cost him to grow it? The case is now being sent to the County Attorney's office for review, leaving more questions.

"As of today, we have 4,500 medical marijuana patients and we may have as many as 150,000 - all who would have the authority to grow their own medical marijuana if we do not allow dispensaries to open," said Joe Yuhas of the Arizona Medical Marijuana Association.

He says this part of the law wouldn't be in question if the state hadn't filed a lawsuit and blocking dispensaries from opening, for now.

"If it was the intent of the voters to allow patients to grow their own products, they wouldn't have supported an initiative that called for the establishment of a dispensary system," said Yuhas.

He also points out the 30-year-old cardholder got his card on May 25.

Yuhas says it takes 60 to 90 days to grow your own pot.

Currently, attorneys are still looking at the new law.

http://www.myfoxphoenix.com/dpp/news/crime/man-killed-after-trying-to-steal-medical-pot-apx-06032011

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