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Arizona Medical Marijuana Law Overview and State Fines/Penalties - Archive

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Julie Gardener

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Arizona Medical Marijuana Law Overview

SUMMARY: Just over 50 percent of voters (50.13 percent) approved Proposition 203 on November 2, 2010. The law removes state-level criminal penalties on the use and possession of marijuana by patients who have "written certification" from their physician that marijuana may alleviate his or her condition. The law took effect on April 14, 2011. Patients diagnosed with the following illnesses are afforded legal protection under this act: cancer; glaucoma; positive status for HIV or AIDS, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig's disease), Crohn's disease, agitation of Alzheimer's disease or any chronic or debilitating medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, including those characteristic of epilepsy, severe or persistent muscle spasms, including those characteristic of multiple sclerosis, persistent muscle spasms or seizures, severe nausea or pain. Other conditions will be subject to approval by the Arizona Department of Health Services. Patients (or their primary caregivers) may legally possess no more than two and one-half ounces of usable marijuana, and may cultivate no more than twelve marijuana plants in an "enclosed, locked facility." The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. State-licensed nonprofit dispensaries may produce and dispense marijuana to authorized patients on a not-for-profit basis. Qualified patients who reside within 25 miles of a state-licensed dispensary facility will not be permitted to cultivate marijuana at home. Final rules for the program, physician certification forms, and a frequently asked questions (FAQs) page are all available online at the website of the Arizona Medical Marijuana Program here. Arizona Medical Marijuana Program

UPDATE: On Tuesday, May 24, 2011, Republican Gov. Jan Brewer announced that the state attorney general would be seeking a declaratory judgment in federal court regarding the implementation of some aspects of the state's medical marijuana law. Specifically, the state is seeking clarification regarding the provisions pertaining to the licensing of medical marijuana dispensaries. At this time, the Arizona Department of Health Services indicates that the agency will "continue to issue Qualifying Patient and Designated Caregiver Registry Cards." The DOH statement appears here: AZ Medical Marijuana Act Legal Update » AZ Dept. of Health Services Director's Blog.

RECIPROCITY: Yes. The act defines a 'visiting qualifying patient' as a person '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.'

• Accepts other states' registry ID cards but does not permit visiting patients to obtain marijuana from an Arizona dispensary.

APPROVED CONDITIONS: Cancer; glaucoma; positive status for HIV or AIDS, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig's disease), Crohn's disease, agitation of Alzheimer's disease or any chronic or debilitating medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, including those characteristic of epilepsy, severe or persistent muscle spasms, including those characteristic of multiple sclerosis, persistent muscle spasms or seizures, severe nausea or pain. Other conditions will be subject to approval by the Arizona Department of Health Services.

POSSESSION/CULTIVATION: Qualified patients or their registered designated caregivers may obtain up to 2.5 ounces of marijuana in a 14-day period from a registered nonprofit medical marijuana dispensary. If the patient lives more than 25 miles from the nearest dispensary, the patient or caregiver may cultivate up to 12 marijuana plants in an enclosed, locked facility.

• 2.5 oz usable; 0-12 plants

PATIENT REGISTRATION FEE: $150 / $75 for Supplemental Nutrition Assistance Program participants

• Registration is mandatory

For further information and Arizona




Arizona Marijuana Penalties​

Possession

♦ less than 2 lbs - misdemeanor or felony Incarceration 6 months - 1.5 years Fine $750 - $150,000

♦ 2 lbs to 4 lbs misdemeanor or felony Incarceration 9 months - 2 years Fine $750 - $150,000

♦ 4 lbs or more felony Incarceration 1.5 - 3 years Fine $750 - $150,000

♦Near school or bus felony Incarceration additional 1 year Fine additional $2000

Probation eligibility for first and second conviction with drug treatment and testing (exception with medical prescription)


Cultivation

♦ Less than 2 lbs misdemeanor or felony Incarceration 9 months - 2 years Fine $750 - $150,000

♦ 2 lbs to 4 lbs felony Incarceration 1.5 - 3 years Fine $750 - $150,000

♦ 4 lbs or more felony Incarceration 2.5 – 7 years Fine $750 - $150,00


Possession for Sale

♦ Less than 2 lbs felony Incarceration 1.5 - 3 years Fine $750 - $150,000

♦ 2 lbs to 4 lbs felony Incarceration 2.5 – 7 years Fine $750 - $150,000

♦ 4 lbs or more felony Incarceration 4 - 10 years Fine$750 - $150,00


Sale or Delivery for Sale

♦ Less than 2 lbs felony Incarceration 2.5 – 7 years Fine $750 - $150,000

♦ 2 lbs or more felony Incarceration 4 - 10 years Fine $750 - $150,000


Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc... )

♦ Paraphernalia possession and sale misdemeanor or felony Incarceration 6 months - 1.5 years Fine up to $150,00


Details

The possession of marijuana is a criminal offense. For possession of an amount less than two pounds the sentence can range from 6 mos. - 1.5 years and a fine of $750 - $150,000. Possession of two or more pounds but less than four pounds is punishable by 9 mos. - 2 years in jail and a fine of $750 - $150,000.

Possession of four pounds or more is punishable by 1.5 - 3 years in prison and a fine of $750 - $150,000. Any person convicted of personal possession or use of marijuana is eligible for probation. The court is required to suspend the imposition or execution of the sentence. The person on probation is required to participate in an appropriate drug treatment or education program and may be required to attend a more stringent treatment program for a second offense. Persons convicted of a third or subsequent offense are not eligible for probation. Persons on probation must also submit to urine drug tests as a condition of their probation with the only exception being made for those who use marijuana under a prescription.

The penalties of possession for sale of less than two pounds of marijuana are 1.5 - 3 years in prison and a $750 - $150,000 fine. For amounts of less than four pounds, the penalties increase to 2.5 - 7 years in prison and a $750 - $150,000 fine. Possession for sale of four pounds or more is punishable by 4 - 10 years in prison and a $750 - $150,000 fine.

Production or cultivation of less than two pounds of marijuana is punishable by 9 mos. - 2 years in jail and a $750 - $150,000 fine. For less than four pounds, the penalties increase to 1.5 - 3 years in prison and a $750 - $150,000 fine. Production of cultivation of four pounds or more is punishable by 2.5 - 7 years in prison and a $750 - $150,000 fine.

Sale or delivery for sale of less than two pounds of marijuana is punishable by 2.5 - 7 years in prison and a fine of $750 - $150,000. Sale or delivery of two pounds or more is punishable by 4 -10 years in prison and a fine of $750 - $150,000.

Possession or sale within 300 feet of a school, on any public property within 1000 feet of any school, at any school bus stop or on any bus transporting pupils to or from school adds an additional one year to the sentence and requires a minimum fine of $2,000.

Possession and sale of paraphernalia is punishable by 6 mos - 1.5 years in jail and a fine of up to $150,000.

Drugged driving: This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily
psychoactive themselves) present in their bodily fluids above a specific threshold.

Warning: The information contained in this report is for informational purposes only. Individuals are encouraged to confirm their state's laws before engaging in any particular behavior, or before going to court without a lawyer. Marijuana laws and penalties change rapidly and are enforced and interpreted differently even in the same legal jurisdiction. Please consult a criminal defense lawyer if you have been busted or if you want to know how a particular conduct might be punished. If you spot an error or have information that should be included please let us know.

Source: NORML Web Site

Be informed and be well.
:Namaste:
 
Last edited:

Dr Humboldt

New Member
Arizona Medical Marijuana Law Overview

SUMMARY: Just over 50 percent of voters (50.13 percent) approved Proposition 203 on November 2, 2010. The law removes state-level criminal penalties on the use and possession of marijuana by patients who have "written certification" from their physician that marijuana may alleviate his or her condition. The law took effect on April 14, 2011. Patients diagnosed with the following illnesses are afforded legal protection under this act: cancer; glaucoma; positive status for HIV or AIDS, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig's disease), Crohn's disease, agitation of Alzheimer's disease or any chronic or debilitating medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, including those characteristic of epilepsy, severe or persistent muscle spasms, including those characteristic of multiple sclerosis, persistent muscle spasms or seizures, severe nausea or pain. Other conditions will be subject to approval by the Arizona Department of Health Services. Patients (or their primary caregivers) may legally possess no more than two and one-half ounces of usable marijuana, and may cultivate no more than twelve marijuana plants in an "enclosed, locked facility." The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. State-licensed nonprofit dispensaries may produce and dispense marijuana to authorized patients on a not-for-profit basis. Qualified patients who reside within 25 miles of a state-licensed dispensary facility will not be permitted to cultivate marijuana at home. Final rules for the program, physician certification forms, and a frequently asked questions (FAQs) page are all available online at the website of the Arizona Medical Marijuana Program here. Arizona Medical Marijuana Program

UPDATE: On Tuesday, May 24, 2011, Republican Gov. Jan Brewer announced that the state attorney general would be seeking a declaratory judgment in federal court regarding the implementation of some aspects of the state's medical marijuana law. Specifically, the state is seeking clarification regarding the provisions pertaining to the licensing of medical marijuana dispensaries. At this time, the Arizona Department of Health Services indicates that the agency will "continue to issue Qualifying Patient and Designated Caregiver Registry Cards." The DOH statement appears here: AZ Medical Marijuana Act Legal Update » AZ Dept. of Health Services Director's Blog.

RECIPROCITY: Yes. The act defines a 'visiting qualifying patient' as a person '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.'

• Accepts other states' registry ID cards but does not permit visiting patients to obtain marijuana from an Arizona dispensary.

APPROVED CONDITIONS: Cancer; glaucoma; positive status for HIV or AIDS, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig's disease), Crohn's disease, agitation of Alzheimer's disease or any chronic or debilitating medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, including those characteristic of epilepsy, severe or persistent muscle spasms, including those characteristic of multiple sclerosis, persistent muscle spasms or seizures, severe nausea or pain. Other conditions will be subject to approval by the Arizona Department of Health Services.

POSSESSION/CULTIVATION: Qualified patients or their registered designated caregivers may obtain up to 2.5 ounces of marijuana in a 14-day period from a registered nonprofit medical marijuana dispensary. If the patient lives more than 25 miles from the nearest dispensary, the patient or caregiver may cultivate up to 12 marijuana plants in an enclosed, locked facility.

• 2.5 oz usable; 0-12 plants

PATIENT REGISTRATION FEE: $150 / $75 for Supplemental Nutrition Assistance Program participants

• Registration is mandatory

For further information and https://www.420magazine.com/forums/...ualifying-patients-how-receive-your-card.html




Arizona Marijuana Penalties​

Possession

♦ less than 2 lbs - misdemeanor or felony Incarceration 6 months - 1.5 years Fine $750 - $150,000

♦ 2 lbs to 4 lbs misdemeanor or felony Incarceration 9 months - 2 years Fine $750 - $150,000

♦ 4 lbs or more felony Incarceration 1.5 - 3 years Fine $750 - $150,000

♦Near school or bus felony Incarceration additional 1 year Fine additional $2000

Probation eligibility for first and second conviction with drug treatment and testing (exception with medical prescription)


Cultivation

♦ Less than 2 lbs misdemeanor or felony Incarceration 9 months - 2 years Fine $750 - $150,000

♦ 2 lbs to 4 lbs felony Incarceration 1.5 - 3 years Fine $750 - $150,000

♦ 4 lbs or more felony Incarceration 2.5 – 7 years Fine $750 - $150,00


Possession for Sale

♦ Less than 2 lbs felony Incarceration 1.5 - 3 years Fine $750 - $150,000

♦ 2 lbs to 4 lbs felony Incarceration 2.5 – 7 years Fine $750 - $150,000

♦ 4 lbs or more felony Incarceration 4 - 10 years Fine$750 - $150,00


Sale or Delivery for Sale

♦ Less than 2 lbs felony Incarceration 2.5 – 7 years Fine $750 - $150,000

♦ 2 lbs or more felony Incarceration 4 - 10 years Fine $750 - $150,000


Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc... )

♦ Paraphernalia possession and sale misdemeanor or felony Incarceration 6 months - 1.5 years Fine up to $150,00


Details

The possession of marijuana is a criminal offense. For possession of an amount less than two pounds the sentence can range from 6 mos. - 1.5 years and a fine of $750 - $150,000. Possession of two or more pounds but less than four pounds is punishable by 9 mos. - 2 years in jail and a fine of $750 - $150,000.

Possession of four pounds or more is punishable by 1.5 - 3 years in prison and a fine of $750 - $150,000. Any person convicted of personal possession or use of marijuana is eligible for probation. The court is required to suspend the imposition or execution of the sentence. The person on probation is required to participate in an appropriate drug treatment or education program and may be required to attend a more stringent treatment program for a second offense. Persons convicted of a third or subsequent offense are not eligible for probation. Persons on probation must also submit to urine drug tests as a condition of their probation with the only exception being made for those who use marijuana under a prescription.

The penalties of possession for sale of less than two pounds of marijuana are 1.5 - 3 years in prison and a $750 - $150,000 fine. For amounts of less than four pounds, the penalties increase to 2.5 - 7 years in prison and a $750 - $150,000 fine. Possession for sale of four pounds or more is punishable by 4 - 10 years in prison and a $750 - $150,000 fine.

Production or cultivation of less than two pounds of marijuana is punishable by 9 mos. - 2 years in jail and a $750 - $150,000 fine. For less than four pounds, the penalties increase to 1.5 - 3 years in prison and a $750 - $150,000 fine. Production of cultivation of four pounds or more is punishable by 2.5 - 7 years in prison and a $750 - $150,000 fine.

Sale or delivery for sale of less than two pounds of marijuana is punishable by 2.5 - 7 years in prison and a fine of $750 - $150,000. Sale or delivery of two pounds or more is punishable by 4 -10 years in prison and a fine of $750 - $150,000.

Possession or sale within 300 feet of a school, on any public property within 1000 feet of any school, at any school bus stop or on any bus transporting pupils to or from school adds an additional one year to the sentence and requires a minimum fine of $2,000.

Possession and sale of paraphernalia is punishable by 6 mos - 1.5 years in jail and a fine of up to $150,000.

Drugged driving: This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily
psychoactive themselves) present in their bodily fluids above a specific threshold.

Warning: The information contained in this report is for informational purposes only. Individuals are encouraged to confirm their state's laws before engaging in any particular behavior, or before going to court without a lawyer. Marijuana laws and penalties change rapidly and are enforced and interpreted differently even in the same legal jurisdiction. Please consult a criminal defense lawyer if you have been busted or if you want to know how a particular conduct might be punished. If you spot an error or have information that should be included please let us know.

Source: NORML Web Site

Be informed and be well.
:Namaste:

Totally Absurd The Laws in AZ are Communist and are made by Biased individuals My Opinion

See Arizona: Medical Marijuana Law Overview and State Fines/Penalties for more up to date information regarding state laws and penalties.
 
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