Arizonans relying on medical marijuana in edible form could be forced to smoke it instead.

In a divisive decision Tuesday, the state Court of Appeals ruled that resin, or hashish used to make edibles, is not legally protected under the 2010 voter approved law legalizing medical marijuana.

Appellate Judge Jon Thompson, writing for the majority, said the 2010 law makes it legal for those with certain medical conditions to possess up to 2.5 ounces of marijuana.

He went on to define what was covered: "All parts'' of the cannabis plant, whether growing or not, and the "seeds of the plant,'' and, Thompson included, any "mixture or preparation'' of marijuana.

However, he stopped there and said the law does not include hashish.

Jared Keenan with the ACLU pointed out that decision impacts 40 percent of Arizona's medical marijuana patients who rely on the plant's resin form, including chewables and oils prescribed for children who are currently being treated.

"Up until this ruling, DHS, which provides licenses for every dispensary, was allowing dispensaries to sell the products that the Court of Appeals just deemed were illegal," said Keenan, who guessed at why the court ruled to outlaw the resin, "The only way I can describe this ruling is 'legislation from the bench."

The decision to rule against the resin upholds a prior conviction of a medical marijuana patient who was sentenced to over 2 years prison for 0.05 ounces of hash.