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Arizona Medical Marijuana Law Frequently Asked Questions


For more answers to your questions about Arizona Medical Marijuana Law, or for legal advice surrounding current Arizona Medical Marijuana Law, call 480-245-5550 to schedule a FREE, confidential consultation with attorney Charlie Naegle. For more information regarding Arizona Medical Marijuana Criminal Defense, visit our main Arizona Medical Marijuana page.

Who is allowed to take medical marijuana in the State of Arizona?

There are two types of qualified patients – adult patients and patients who are under the age of 18. Patients under the age of 18 must have their custodial parent or legal guardian designated as his or her caregiver. This caregiver then needs to be approved through the Arizona Department of Health Services. Adult patients do not need a designated caregiver.

How much marijuana can an approved patient have?

The allowable amount of marijuana for patients and caregivers is 2.5 ounces. If a patient or caregiver is allowed to grow marijuana, the limit is 12 plants. Marijuana plants must be grown in an “enclosed, locked facility”, defined as “closet, room, greenhouse, or other enclosed area”.

What are the qualifying conditions that a person must have to be approved for medical marijuana?

Qualifying conditions include cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, Crohn’s, Alzheimer’s, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, and severe and persistent spasms.

Who can be a caregiver to a patient under the age of 18?

Caregivers must be 21 years old, pass criminal background check for certain felonies, can serve no more than five patients and must keep a card for each one.

How long is a medical marijuana card good for?

Medical marijuana cards last for one year for both patients and caregivers. Cards contain their photo, name, address, birthdate, and indication whether medical marijuana is allowed to be cultivated at home. Patients and caregivers must submit fingerprints to law enforcement and sign a statement that they will not divert marijuana to non-patients.

Is there anywhere that a patient or caregiver is not allowed to take their medical marijuana?

Patients and caregivers may not possess medical marijuana on a school bus, school, or correctional facility. Patients may not smoke marijuana on public transportation or in any public place.

Are medical marijuana patients allowed to drive?

Patients may not drive under the influence of marijuana. If a patient happens to be pulled over, however, marijuana metabolites shall not be proof of impairment.

If I am a medical marijuana card carrier, what should I do if I am pulled over by an officer?

Always carry less than 2.5 ounces of marijuana with you at all times and you can’t be arrested for drug possession if you have a valid medical marijuana card. Always have your card on hand as well as proof that you are a medical marijuana patient.

It’s still illegal to drive while high, and though the presence of marijuana in someone’s system isn’t proof of impairment, police will try to use several field tests as evidence that you are impaired. You do not have to take these subjective field tests. At this time, it is in your best interest to contact Arizona criminal defense, DUI and drug attorney Charlie Naegle at 480-245-5550 regarding your rights and what tests you are required by law to take.

Can patients take their medical marijuana anywhere?

Patients can’t use or be under the influence of marijuana at work. It is also illegal to take your marijuana in a public place (including parks, schools, bars, and clubs). Patients won’t be able to consume medical marijuana at dispensaries, either.

What if a patient has a medical marijuana card from another state?

The cards from other medical marijuana states will be recognized in Arizona, but patients may not shop at Arizona dispensaries.

Does possessing a medical marijuana card deny patients other rights and privileges?

Medical facilities and treatments, parental rights, employment, school, and housing cannot be denied to patients for their medical marijuana use. Call 480-245-5550 for a free consultation immediately if any of these rights have been denied to a medical marijuana patient.

For more information about Arizona Medical Marijuana Law or for legal advice regarding a criminal case involving medical marijuana law, contact Charlie Naegle at 480-245-5550 to schedule your free consultation.

Charlie Naegle is a drug defense attorney Mesa AZ who works with individuals in Mesa, Tempe, Chandler, Phoenix, Gilbert, Apache Junction, Scottsdale, Paradise Valley and Glendale. Naegle & Crider Criminal Defense Attorneys has offices in Mesa, Arizona and Phoenix, Arizona for convenient access across the Phoenix metropolitan area. For more information or to schedule your free, confidential, 24/7 consultation, call 480-245-5550 immediately.

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