The State of Arizona
Current Law Pertaining to Medical Marijuana
The State of Arizona first states to legalized medical marijuana medical marijuana when a ballot measure won popular vote in the 2010 general elections. Proposition 203, The Arizona Medical Marijuana Act that essentially:
- Protects terminally or seriously ill patients from state prosecution for using limited amounts of marijuana on their doctor’s recommendation;
- Qualifies patients who register with the Arizona Department of Health Services and obtain marijuana from nonprofit medical marijuana dispensaries regulated by ADHS
- Allows private cultivation by ADHS only when no dispensary is available.
- Establishes safeguards: registration cards; fingerprinting of caregivers and dispensary personnel to exclude drug and violent felons; strict security, recordkeeping and oversight requirements; inspection of dispensaries; restrictions on number and location of dispensaries; and providing penalties.
According to NORML: Possession for personal use of less than 2 pounds of marijuana is a Class 6 felony, punishable by a minimum sentence of 4 months, a maximum sentence of 2 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
Possession for personal use of 2-4 pounds of marijuana is a Class 5 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 2.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
Possession for personal use of more than 4 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
Access to Medical Marijuana
According to the Marijuana Policy Project, medical marijuana can be accessed through state licensed dispensaries provided that the patient shows proof of state registration for permissions to purchase. To register, a patient currently under care of a physician must have a “recommendation” written by a doctor that has examined the patient recently, and then obtain a license at a medical marijuana licensing facility. More information coming soon.
Current Law Pertaining to Hemp:
Cultivation of Hemp, a variety of sativa L. cannabis with less than 1% of tetrahydrocannabinol (THC) has been authorized by the state for medical purposes, industry and educational research.
Pending Ballot Measure for 2016 General Elections
- Arizona Industrial Hemp Farming Initiative (2016)
- Arizona Legalization and Regulation of Marijuana Act (2016)
- Arizona Medical Marijuana Dispensary Fee Waiver Initiative (2016)
- Arizona Marijuana Legalization Initiative (2016)
- Arizona Re-Legalize All Drugs Initiative (2016)
- Arizona Re-Legalize Marijuana Initiative (2016)
Prior Ballot Measures Since 1998
- Arizona Marijuana Legalization, Proposition 203 (2002)
- Arizona Medical Marijuana Act (2010)
- Arizona Medical Marijuana Question, Proposition 203 (2010)
- Arizona Medical Use of Schedule 1 Drugs, Proposition 300 (1998)
- Arizona Probation Eligibility for Drug Offenses, Proposition 301 (1998)
- Arizona Rules Governing Probation for Drug-Related Crimes, Proposition 302 (2002)
- Arizona Use or Possession of Controlled Substances, Proposition 200 (1996)
Arizona Resources:
Arizona Chapter of NORML: http://norml.org/chapters/az
Updates about the 2016 Ballot Initiative: BallotPedia.com
Arizona Department of Health & Human Services Information about Medical Marijuana
Marijuana Policy Project Information about Arizona Ballot Initiatives and State Measures
News and Articles Related to California Marijuana Laws:
Phoenix New Times, September 19, 2014: Arizona Marijuana-legalization Campaign for 2016 Ballot Measure Becomes Official
AZ Central, December 14, 2015: 10 Facts You Should Know About Arizona’s Marijuana Laws