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AZ Marijuana Laws

Arizona Medical Marijuana Laws

November 02, 2010, Ballot Proposition 203 “The Arizona Medical Marijuana Act”, was approved, removing state-level penalties on the use, possession and cultivation of marijuana, by patients who have a “written or oral recommendation” from their primary care physician, stating that he or she “would benefit from medical marijuana.”

April 11, 2012, the Arizona Department of Health Services (ADHS) released the revised rules for regulating medical marijuana.

November 15, 2012, the ADHS approved the state’s first dispensary. December 06, 2012, the state’s first medical marijuana dispensary, “Arizona Organic”, opened in Glendale.

May 07, 2013, Governor Jan Brewer signed Senate Bill 1443. Section 1. Section 15-108, Arizona Revised Statutes, is amended to read:

“A. In addition to the limitations prescribed in section 36-2802, subsection B, a person, including a cardholder as defined in section 36-2801, may not lawfully possess or use marijuana on the campus of any public university, college, community college or postsecondary educational institution. THIS SUBSECTION DOES NOT PROHIBIT MEDICAL RESEARCH PROJECTS INVOLVING MARIJUANA THAT ARE CONDUCTED ON THE CAMPUS OF ANY PUBLIC UNIVERSITY, COLLEGE, COMMUNITY COLLEGE OR POSTSECONDARY INSTITUTION AS AUTHORIZED BY APPLICABLE FEDERAL APPROVALS, WHICH MAY INCLUDE THE UNITED STATES FOOD AND DRUG ADMINISTRATION, THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION AND THE NATIONAL INSTITUTES ON DRUG ABUSE, AND ON APPROVAL OF ANY APPLICABLE UNIVERSITY INSTITUTIONAL REVIEW BOARD. B. A person may not lawfully possess or use marijuana on the campus of any high school, junior high school, middle school, common school or preschool in this state.”
The statutory laws of the state are reflected in the Arizona Statutes governing the Arizona Medical Marijuana Program.

Arizona Medical Marijuana Law

Arizona Statutes Governing— THE ARIZONA MEDICAL MARIJUANA PROGRAM
The Arizona Revised Statutes (A.R.S.) reflect the statutory laws of the state of Arizona. The A.R.S. and the Arizona Medical Marijuana Rules both contain the applicable requirements for the Arizona Medical Marijuana Program.
36-2801. Definitions
In this chapter, unless the context otherwise requires:
1. “Allowable amount of marijuana”
(a) With respect to a qualifying patient, the “allowable amount of marijuana” means:
(i) Two-and-one-half ounces of usable marijuana; and
(ii) If the qualifying patient’s registry identification card states that the qualifying patient is authorized to cultivate marijuana, twelve marijuana plants contained in an enclosed, locked facility except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the qualifying patient is moving.
(c) Marijuana that is incidental to medical use, but is not usable marijuana as defined in this chapter, shall not be counted toward a qualifying patient’s or designated caregiver’s allowable amount of marijuana.

2. “Cardholder” means a qualifying patient, a designated caregiver or a nonprofit medical marijuana dispensary agent who has been issued and possesses a valid registry identification card.

3. “Debilitating medical condition” means one or more of the following:

(a) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, crohn’s disease, agitation of alzheimer’s disease or the treatment of these conditions.
(b) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
(c) Any other medical condition or its treatment added by the department pursuant to section 36-2801.01.

4. “Department” means the Arizona department of health services or its successor agency.

5. “Designated caregiver” means a person who:
(a) Is at least twenty-one years of age.
(b) Has agreed to assist with a patient’s medical use of marijuana.
(c) Has not been convicted of an excluded felony offense.
(d) Assists no more than five qualifying patients with the medical use of marijuana.
(e) May receive reimbursement for actual costs incurred in assisting a registered qualifying patient’s medical use of marijuana if the registered designated caregiver is connected to the registered qualifying patient through the department’s registration process. The designated caregiver may not be paid any fee or compensation for his service as a caregiver. Payment for costs under this subdivision shall not constitute an offense under title 13, chapter 34 or under title 36, chapter 27, article 4.

6. “Enclosed, locked facility” means a closet, room, greenhouse or other enclosed area equipped with locks or other security devices that permit access only by a cardholder.

7. “Excluded felony offense” means:

(a) A violent crime as defined in section 13-901.03, subsection B, that was classified as a felony in the jurisdiction where the person was convicted.
(b) A violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted but does not include:
(i) An offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten or more years earlier.
(ii) An offense involving conduct that would be immune from arrest, prosecution or penalty under section 36-2811 except that the conduct occurred before the effective date of this chapter or was prosecuted by an authority other than the state of Arizona.

8. “Marijuana” means all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.

9. “Medical use” means the acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.

10. “Nonprofit medical marijuana dispensary agent” means a principal officer, board member, employee or volunteer of a nonprofit medical marijuana dispensary who is at least twenty-one years of age and has not been convicted of an excluded felony offense.

11. “Nonprofit medical marijuana dispensary” means a not-for-profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to cardholders. A nonprofit medical marijuana dispensary may receive payment for all expenses incurred in its operation.

12. “Physician” means a doctor of medicine who holds a valid and existing license to practice medicine pursuant to title 32, chapter 13 or its successor, a doctor of osteopathic medicine who holds a valid and existing license to practice osteopathic medicine pursuant to title 32, chapter 17 or its successor, a naturopathic physician who holds a valid and existing license to practice naturopathic medicine pursuant to title 32, chapter 14 or its successor or a homeopathic physician who holds a valid and existing license to practice homeopathic medicine pursuant to title 32, chapter 29 or its successor.

13. “Qualifying patient” means a person who has been diagnosed by a physician as having a debilitating medical condition.

14. “Registry identification card” means a document issued by the department that identifies a person as a registered qualifying patient, registered designated caregiver or a registered nonprofit medical marijuana dispensary agent.

15. “Usable marijuana” means the dried flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant and does not include the weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink.

16. “Verification system” means a secure, password-protected, web-based system established and maintained by the department that is available to law enforcement personnel and nonprofit medical marijuana dispensary agents on a twenty-four hour basis for verification of registry identification cards.

17. “Visiting qualifying patient” means a person:

(a) Who is not a resident of Arizona or who has been a resident of Arizona less than thirty days.
(b) Who has been diagnosed with a debilitating medical condition by a person who is licensed with authority to prescribe drugs to humans in the state of the person’s residence or, in the case of a person who has been a resident of Arizona less than thirty days, the state of the person’s former residence.

18. “Written certification” means a document dated and signed by a physician, stating that in the physician’s professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient’s debilitating medical condition or symptoms associated with the debilitating medical condition. The physician must:

(a) Specify the qualifying patient’s debilitating medical condition in the written certification.
(b) Sign and date the written certification only in the course of a physician-patient relationship after the physician has completed a full assessment of the qualifying patient’s medical history.

READ MORE — Arizona Statutes Governing the Arizona Medical Marijuana Program [FULL TEXT]

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Offense

Penalty

Incarceration

  Max. Fine

Possession

Less than 2 lbs felony 4 mos – 2 years

$ 750

2 – 4 lbs felony 6 mos – 2.5 years

$ 750

More than 4 lbs felony 1 – 3.75 years

$ 750

Sale

Less than 2 lbs felony 1 – 3.75 years

$ 750

2 – 4 lbs felony 2 – 8.75 years

$ 750

More than 4 lbs felony 2 – 12.5 years

$ 750

Manufacture

Less than 2 lbs felony 6 mos – 2.5 years

$ 750

2 – 4 lbs felony 1 – 3.75 years

$ 750

More than 4 lbs felony 2 – 8.75 years

$ 750

Trafficking

Less than 2 lbs felony 2 – 8.75 years

$ 750

2 lbs or more felony 2 – 12.5 years

$ 750

Hash & Concentrates

Possession felony 1 – 3 years

$ 2,000

Manufacture or transporting into the state felony 3 – 10 years

$ 2,000

Paraphernalia

Possession or advertising of paraphernalia felony 4 mos – 2 years

$ 750

Miscellaneous (license suspensions, civil damages, etc…)

Employing a minor in the commission of a drug offense, being convicted of a prior felony, or committing a drug offense in a school zone, lead to an increased sentence.

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