Use of Medical Marijuana
Under the Arizona Medical Marijuana Act, individuals with qualifying conditions such as cancer, HIV/AIDS, and post-traumatic stress disorder can obtain a medical marijuana card.
Minors with qualifying conditions can also use medical marijuana, provided that their legal guardian or parent serves as their designated caregiver.
Qualifying patients are placed on the medical marijuana registry and issued a registry identification card, which must be renewed annually.
Those with a medical marijuana card have higher possession and purchasing limits compared to recreational users. For instance, they can legally possess up to 2.5 ounces of marijuana or up to 12.5 grams of marijuana concentrate. They can also grow up to twelve marijuana plants at a residence or in an enclosed space.
The Arizona Department of Health Services (ADHS) is responsible for implementing and developing rules and regulations for the Arizona Medical Marijuana Program.
Buying Marijuana Regulations
Qualifying patients under the age of twenty-one are permitted to purchase medical cannabis, while adult-use marijuana purchases are restricted to individuals aged twenty-one and older. Medical patients can buy an amount of cannabis that would result in possessing up to 2.5 ounces (70 grams) within a 14-day period.
Marijuana edibles are limited to a maximum of 10mg of THC per edible and up to 100mg of THC per package of edibles.
Adults can purchase up to one ounce (28 grams) of marijuana with up to five grams of marijuana concentrate from marijuana establishments. Delivery services are currently unavailable, though additional rules may be adopted by the ADHS to permit and regulate recreational marijuana delivery in 2023.
A 16% excise tax, similar to that imposed on cigarettes and alcohol, is levied on recreational marijuana products. Revenue from this tax will fund various state agencies, community college districts, police and fire departments, and the Highway User fund.
The ADHS may issue a recreational marijuana dispensary license to no more than two dispensaries per county with no existing medical marijuana dispensaries, or one recreational dispensary license per county with one medical marijuana dispensary.
Medical marijuana dispensaries can also sell recreational marijuana to adults, and those possessing a recreational marijuana dispensary license can operate both medical and recreational establishments at the same location. However, marijuana products resembling brands marketed to children or resembling humans, animals, insects, fruits, toys, or cartoons are prohibited from sale.
Potential Charges and Penalties for Marijuana Possession
Possessing more than one ounce but less than 2.5 ounces of marijuana would constitute a civil offense, punishable by a $100 fine. For minors caught with less than one ounce, a first offense would result in a fine of up to $100 and four hours of drug counseling.
A second offense of marijuana possession (more than one but less than 2.5 ounces of marijuana) could lead to eight hours of drug counseling. However, a third offense would be classified as a Class 1 misdemeanor. If convicted, potential penalties could include up to six months of jail time.
Other Important Marijuana Provisions
Testing Requirements: Cannabis cultivated and processed in Arizona must undergo rigorous testing at marijuana testing facilities. These tests assess the presence of harmful contaminants such as pesticides and molds to ensure consumer safety.
Employer Policies: While recreational marijuana use and possession are legal for adults in Arizona, employers retain the right to maintain drug-free and alcohol-free workplaces. Consequently, individuals may face termination if found in possession of recreational cannabis or if they report to work while under the influence of marijuana. Marijuana laws do not offer protection against employment termination in such scenarios.
Federal Law Implications: It’s essential to remember that despite Arizona’s legalization of marijuana possession, it remains a punishable offense under federal law. Possession of any amount of marijuana is categorized as a misdemeanor for both first and second offenses. Penalties may include significant fines and jail time, with a maximum of up to a year for the first offense and up to two years for the second offense.
Recreational Marijuana Charges and Outcomes Under the New Law
As of July 12, 2021, individuals previously convicted of marijuana offenses, such as possessing less than an ounce of marijuana, six or fewer plants, or marijuana paraphernalia, can now petition to have their records expunged.
In a significant move, the prosecutor in Arizona’s largest county has decided to drop all pending charges for recreational marijuana use by adults following the legalization of recreational marijuana use by Arizona voters. This makes Arizona the 13th state to legalize marijuana.
In a written statement, the Maricopa County Attorney’s Office stated, “Instead of continuing to spend resources on these cases, this office will begin implementing the will of the voters immediately.”
If you have faced conviction or charges related to marijuana, it is crucial to seek guidance from an experienced Phoenix criminal defense lawyer promptly. Under the new Arizona law, individuals with prior convictions or charges are eligible to have their cases dismissed and their records expunged. Contact us today for a free consultation if you have questions about the new laws or need assistance.
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