Potentially more significant, the judge pointed out the voter-approved statute says marijuana can be prepared “for consumption as food or drink.”

She said extracts not only ensure proper doses but also can make it easier for patients who cannot consume the plant itself.

“The language of the Arizona Medical Marijuana Act and its ballot materials make clear the proponents and voters intended (the law) to provide access to medicine for debilitating medical conditions without fear of criminal prosecution,” Cooper said. And she said the statute “does not limit the form in which that medicine can be administered.”

At a hearing last month, Emma Andersson, an attorney with the American Civil Liberties Union said using an extract — as opposed to grinding up the plant into Zander’s food — is more than a question of convenience.

“What Zander is not getting by using only plant material is an accurate dose of his medicine that is consistent every single time and the amount of cannabidiol he is supposed to be getting,” she told the judge. That refers to a non-psychoactive element of marijuana that Zander’s parents say helps control his seizures.