30 Facts About Arizona’s New Medical Marijuana Law
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November 15, 2010
The votes are counted and Arizona’s Prop 203 – the Arizona Medical Marijuana Act – has passed by a margin of 4,341 votes (841,346 YES, 837,005 NO). We’re receiving many calls and emails from people interested in the details of the new law. Here are the highlights of the measure:- The allowable amount of marijuana for patients and caregivers is 2.5 ounces.
- IF a patient or caregiver is allowed to cultivate, the limit is 12 plants that must be grown in an “enclosed, locked facility”, defined as “closet, room, greenhouse, or other enclosed area”.
- Qualifying conditions: cancer, glaucoma, HIV/AIDS, hepatitis C, ALS (Lou Gehrig’s), Crohn’s, Alzheimer’s, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures (like epilespy), and severe and persistent spasms (like multiple sclerosis).
- Caregivers must be 21 years old and pass criminal background check for certain felonies.
- Caregivers can serve no more than five patients, must keep a card for each one
- Caregivers may receive reimbursement for actual expenses – not labor – from their own patients only.
- Patients’ and Caregivers’ medical marijuana cards last for one year and will contain their photo, name, address, birthdate, and indication whether medical marijuana is allowed to be cultivated at home.
- If the state has not issued a card within 45 days, a copy of the application shall have the same force as the card.
- Patients and caregivers must submit fingerprints to law enforcement and sign a statement that they will not divert marijuana to non-patients.
- Patients and caregivers may share marijuana with other patients for free, as long as they don’t knowingly cause the patient to exceed 2.5 ounces.
- Non-profit medical marijuana dispensaries are allowed.
- A patient who lives within 25 miles of a dispensary may not cultivate their own 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.
- Patients may not drive under the influence of marijuana; however, marijuana metabolites shall not be proof of impairment.
- Fees for non-profit dispensaries shall not be greater than $5,000 or $1,000 for a renewal license.
- Dispensaries must cultivate their own medical marijuana, which they can do onsite or at one separate physical address
- Patients and Caregivers may give marijuana to dispensaries, but not for any compensation.
- Neither the dispensary nor the cultivation address may be within 500 feet of a school.
- There can be no more than one dispensary for every ten pharmacies, except that there can be at least one dispensary in every county.
- The cards or recommendations for visiting patients from other medical marijuana states will be recognized in Arizona, but they may not shop at the dispensaries.
- Patients in assisted care facilities can be limited to non-smoking methods of use and only in certain areas; however, such facilities are not required to enact these limitations.
- Dispensaries must have a single secure entrance, a strong security system, and no medicating is allowed on the premises.
- Dispensaries must track patients’ acquisitions to ensure they receive no more than 2.5 ounces from any dispensaries within a fourteen day period.
- There shall be a secure, web-based confirmation system accessible by law enforcement and dispensaries, that reveals patients’ and caregivers’ names but not addresses and how much marijuana the patient received from all dispensaries in the past sixty days.
- Non-patients cannot be punished for being the vicinity of lawful medical marijuana use by patients or providing paraphernalia to patients.
- Schools and landlords cannot discriminate against medical marijuana patients and caregivers, unless they are subject to federal penalty.
- Employers cannot discriminate against patients and caregivers and a positive test for marijuana metabolites is not cause for disciplining or terminating a patient.
- Medical facilities and treatments, including organ transplants, cannot be denied to patients for their medical marijuana use.
- Parental rights of patients cannot be denied solely for their medical marijuana use.
The full text of the measure can be found at http://stash.norml.org/azmedmj
152 Responses to “30 Facts About Arizona’s New Medical Marijuana Law”
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I honestly just dont get it..all these rules for simple marijuana that does no harm..but its ok to get methamphetamine to treat ADD/ADHD and not get fingerprinted or even have a card. The government is so fucked up..see for yourself.
http://en.wikipedia.org/wiki/Methamphetamine
“Methamphetamine is approved by the U.S. Food and Drug Administration (FDA) for the treatment of attention-deficit hyperactivity disorder (ADHD) and exogenous obesity, marketed in the USA and Canada under the trademark name Desoxyn.”
http://www.rxlist.com/desoxyn-drug.htm
Scary i’d say…
HELP !!!
Guys I have some tragic news. I just broken my hand carved wooded pipe I made back when I was 19 (Im 35). Ive checked the internet for some good headshops but all the sites are pretty shoty or have a horrible collection.
I mean I need a pipe with a little personality; kinda hobbitish……
Any Ideas fellow weedlings?
You need a BS in BS to understand that thang ! But i recon thems progyourass !
[...] [...]
Sounds like the dispensaries could set up a delivery service within their 25 mile circle. Is that a possibility Russ?
allnurses.com is having a real, rational discussion of this on their forum boards. Never thought I would see the day folks in my profession would be talking about this openly.
A lot concerned about employment drug testing of caregivers and the board of nursing, though. A lot of conservative, bust-a-nurse-up conservative old ladies on the board of many of these states.
I know it says drug related Felonies, but what about a misdemeanor charge of possession of a controlled substance?
does this include misdemeanor drug charges?
Congrats to Arizona! Glad you guys got yours. The elections weren’t a total loss after all.
Wanting to feel healthy should not be a criminal offense anywhere! Let people be free to do what they choose in the privacy of their own homes!
Re ; # 16 ,
That’s right . This Country is hypocritical . We are a Country killing its own people . How many people we’ve killed or caused to be killed & prosecuted over Marijuana is huge .
Its not Pakistan killing its own people , its more like America killing its own people .
I signed the petition. I read the initiative in its entirety. I voted yes. This a historic movement in Arizona history and I’m proud to have been a part of it. As for the person who asked “who wrote these initiatives?” it was Andrew Meyers, an MPP activist whom I respect and admire, it would NOT have been passed if it hadn’t been so restrictive and I believe that the only reason it was so highly contested is because of the 2.5 ounces it allowed. If it can pass here in Arizona, it can pass in Florida, New York, Massachusetts, and Texas. This is only the beginning!!
It is time for change to a humane world.
no 1 cares about this just make it legal already damn
In some fragging moment I realized my place.
I will look the prosecutor in the ‘eye
The bad news….will probably have to pay a fee every year to get a card, and have to pay for fingerprint cards
the rules for this arizona mmj law renders it moot. there are so many requirements and restrictions it’s absolutely ridiculous to think it provides a positive framework for medical marijuana patients. Way too much big brother government stuff going on with this one. Time to make amendments!
Some thoughts from someone that now qualifies under the new prop 203 guidelines.
People overdose and die everyday from ibuprofen and Tylenol, even aspirin. Not MJ! It actually calms your stomach and nausea. It’s about as non-poisonous as anything gets. In all of recorded history, not one person has ever died as a result of marijuana. That’s a great record! During Prohibition people would argue that if alcohol were legal, EVERY PERSON IN AMERICA would be drunk every day and that the U.S. would literally collapse. Of course THAT DIDN’T HAPPEN. Wake up everyone! I don’t drink alcohol. That stuff is pure poison. People that drink alcohol always argue that they don’t drink for the effect, but for the flavor… yea, right! Why then put vodka in your vodka and grapefruit juice instead of straight grapefruit juice? Alcohol drinkers drink for the effect.Even ONE beer. Don’t let them kid you. This prop has passed TWO other times here but failed LATER because of wording. The people have clearly spoken many times on this issue. It’s about time our state government listened to its own people. Gosh, that norml article on all the rules is already making me kinda paranoid and I haven’t even smoked anything yet… (joke!)
Does the new prop 203 law allow legal possession in Arizona with a California recommendation without a California registry ID card?
Q. so if there is a REAL crime to investigate, (like murder) will the pigs be able to use this database ??
A. YES.
that is a HUGE INCREASE IN GOV’T. POWER AND CONTROL.
re; pigs, hogs, and other swine with no brain capacity.
would you prefer;
‘bullies hiding behind badges’,
or ‘soul-less minions of orthodoxy’,
or ‘paid enforcers of an illegal, unconstituional law that they themselves, or their family, or their friends, or their kids, have broken’,
or ‘puppets of the ptb’s’.
im 19 yrs old and what if i say i always having head aches everyday and it makes me get nausea and it makes me feel like crap everyday and im sick of taking 4-6 Advil a day or any or those to make me feel better. Would that be good enough to get me a MMJ card or does it have to be worse nausea then that?
re; WHO THE FU*K WRITES THESE STUPID INITIATIVES ??
NO WONDER THE PRO-POT PEOPLE VOTE AGAINST THEM.
[Russ: This initiative was written and vetted by the Marijuana Policy Project.]
-so the Marijuana Policy Project wants to give the pigs our fingerprints,
-and NORML wants to give the pigs our DNA.
(supposedly, SOMEHOW this will lead to less arrests ??)
that’s just TOO WONDERFULL for words !!
[Editor's note: NORML does not support providing the government a citizen's DNA.]
[...] 15, 2010 – Norml.org Russ [...]
could one get a card for chronic and severe migraines or is that not intense enough?
[Paul Armentano responds: Here are the qualifying conditions under the law. 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.]
#73, I’m not sure but I think you have to have at least one foot in the grave. Sucks I know but they want you to be too sick to enjoy it.
[Paul Armentano responds: Here are the qualifying conditions under the law. 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.]
How would an Oregon cardholder get their medicine(2.5oz or less) to Arizona. Can a patient travel with their medicine to Arizona since out of state patients will not be allowed to use disspensaries? Or is it Just the states neighboring Arizona that get the luxury to be able to travel with their medicine.
re; [Editor's note: NORML does not support providing the government a citizen's DNA.]
un-named editor; see; 10 Lessons Learned from Marijuana Election Defeats; By: Russ Belville, NORML Outreach Coordinator;
-#8; The next initiative must work with the “treat it like alcohol” frame by providing a “breathalyzer” equivalent.
There are technologies available – blood testing, cheek-swab saliva testing, epocrine gland (armpit) sweat testing – that can show recent use of marijuana within four hours.
-blood, saliva, and sweat ALL contain DNA.
if NORML does not support providing the government a citizen’s DNA, please let Russ Belville know that, and delete the bogus info., or print a correction, before more people are misled by it.
The way to solve the ‘roadside testing problem’ is to move away from drug testing, and towards functionality testing. After all it is the ability to drive and not what you are taking that matters.
[Editor's note: Supporting DUID restrictions and scientific-based testing hardly equates with providing the government one's DNA.
There are no 'functionality' roadside tests for cannabis impairment. Currently, when the police take a breathalyzer for alcohol, do they capture and analyze DNA? No. The same goes for cannabis, the cops don't capture, archive or analyze cannabis consumer's DNA.
It is impossible to have cannabis legal like alcohol if there will be no roadside tests to measure for possible impairment.
Resisting and protesting commonsense restrictions for non-responsible cannabis use only hurts ending Cannabis Prohibition laws.]
Say I live in a state that has a ballot initiative(BI) is there a way I could just use another states proposal or do you have to have permission first. It would be great if someone with experience could write out specific wording to help it get passed and allow for our rights after it is approved. I live in Mississippi with some decriminalized penalties for possession but I am curious how medical marijuana would get voted on. Very simple procedure for BI just have to submit wording of the proposal and then start gatherin signatures.
Would be great if they had someway to have all the important parts and made out like it was some type of a national movement. Would probably need some help gettin like minded people together for all those signatures though.
Should probably include legalizing hemp for agricultural use.
first you say;
[Editor's note: NORML does not support providing the government a citizen's DNA.]
then you say it is a ‘commonsense restriction’.
re; you say; ‘There are no ‘functionality’ roadside tests for cannabis impairment.’
OF COURSE THERE ARE !!
Q. -what did the pigs do BEFORE breathalizers ??
A. -physical testing for impairment v/s functionality, like walking a strait line, or touch your nose with your eyes closed, are you slurring your words, are you staggering, were you swerving before they pulled you over, etc.
these tests have NOT BEEN UN-INVENTED, they STILL EXIST. therefore, they CAN STILL be used.
-but because pot DOES NOT cause motor function impairment, a pot smoker will be able to pass these tests easily, so pigs don’t even bother with them.
re; blood, saliva, and sweat testing can show recent use of marijuana within four hours.
if it is four hours or 30 days, DOES NOT MATTER, you are STILL TESTING for after-the-fact metabolites, NOT CURRENT IMPAIRMENT.
-and people drive ‘under the influence’ of prescription pills every day, without DNA testing, so get on the side of EQUAL PROTECTION UNDER THE LAW.
re; the cops don’t capture, archive or analyze cannabis consumer’s DNA.
-that is because it is CURRENTLY ILLEGAL !!
it is against the 5th ammendment guarantees against self incrimination to collect blood, saliva, and sweat, (D.N.A.) without a court order.
however, IF WE VOTE TO GIVE THEM THAT POWER, THEY WILL USE IT.
ANY POWER YOU GIVE AWAY TO THE GOV’T., WILL BE USED AGAINST YOU, sooner or later.
-just like the ‘naked’ airport scanner images they PROMISED would be immediately deleted, and INSISTED, WOULD NOT, and, in fact, COULD NOT be saved or copied, yet hundreds of them WERE COPIED, and are now on the internet.
do not expect inteligent people to vote give up a valuable constitutional protection, now, in exchange for a ‘baby step’, with the hope of eventually ‘legalizing’ pot at some future time.
this is why prop 19, failed, arizona barely passed, and all the other medical mj initiatives failed, in spite of OVERWHELMING SUPPORT !!
-’the devil’s in the details’,
the overly restrictive LEGAL LANGUAGE of the initiatives, gives away too many rights, and too much power, to the gov’t.
ANY POWER YOU GIVE AWAY TO THE GOV’T., WILL BE USED AGAINST YOU, sooner or later.
[Editor's note: Other than a blood analysis there are no accurate roadside tests for possible cannabis impairment, including eye and toe-to-heel coordination testing.]
[...] who are in compliance with the act may not be disciplined by employers and they may not be criminally charged with DUI solely on the basis of the presence of [...]
With all those “REEFER MADNESS” based restrictions and conditions, I think radioactive waste is easier to get and use!
Now that we have heard their rules perhaps patients should throw in a few of their own.It would seem important that the purity of the plant needs to remain intact with out being exposed to pesticides or herbicides or any other harsh chemicals,that might pose a risk to humans.This is important after what we saw about the real contents of tobacco.I would think organic principles should be applied,and no other chemicals and no genetic modifications,like terminator strains should be employed..no Monsando seeds etc …
There can be no more than one dispensary for every ten pharmacies, except that there can be at least one dispensary in every county.
This speaks volumes about who fears competition.as well as who made it illegal in the first place.
Dispensaries must have a single secure entrance, a strong security system, and no medicating is allowed on the premises.
Dose this mean only one door into AND OUT OF a place of business?
I would not think a fire marshal would go along with this,especially because people will be using high voltage equipment like heaters and grow LAMPS.This set up could cause entrapment in case of a fire.IF I were going to operate such a crow op Id want an emergency fire exit,and smoke alarms.authorities sound more like they are setting people up to bust them than they are helping them achieve their goals.
Are pharmacies aloud to have fire exits?
Well i think this measure is only the first step in giving it back to the public all together.I think the american public deserves to have it legal with out regulation from the DEA and the government.I do not like what i saw approved for use on and in tobacco.No one should be forced to use chemicals on or in it.
Patients may not smoke marijuana on public transportation or in any public place.
For the most part no one is aloud to smoke or drink in those places any way.
“dr. i can’t sleep” is a VALID complaint and insomnia (and other sleep disorders) is/are VALID illnesses…insomnia is epidemic and sleeping pills are among the top five pharmaceutical drugs prescribed…please, russ, don’t invalidate those of us with sleep disorders – they can be and are fatal. cannabis is a godsend for those of us who suffer sleep disorders…
ok I live in Rhode Island and am a Medicinal Marijuana caregiver. I had planned on moving out to AZ in a year, and especially with this all new law in place, now that I read through it and really break it down it SOUNDS very similar to RIs policies except with the entire 25 mile policy and fingerprinting and documenting everyone into a system. It’s great AZ finally jumped on the board adopting policies intended in helping sick people who are suffering. At the same time it sounds to me like the state is just sending all who do need it over to the fed. What is stopping FBI DEA or any government official from coming to your house with a warrant and busting you from helping others or yourself buy growing or medicating?
thank, god….
Russ, will the operators of the med. marijuana dispensaries be required to be AZ citizens? I hope so,
seeing that there are many folks from CA who are planning on coming to our state just to make a buck. I also agree that all dispensaries should be based on a
“not for profit” business plan. When the time comes to choose who will run these dispensaries, I hope the “not for profits” will be given first priority!
Brian
[...] gesamte Text des Gesetzesvorhabens ist bei NORML Stash zu finden. Via NORML Blog AKPC_IDS += [...]
If a traveler from California is pulled over now in Arizona and has a Medical Marijuana card from Calif will they still be subject to the very severe penalties as before this Arizona law?
[Editor's note: Unfortunately, AZ's new medical cannabis law does not allow for reciprocity with the other fourteen medical cannabis states. States with medical cannabis laws that DO allow reciprocity are: MT, MI, RI and OR (a recent OR court ruling allows out-of-state patients to register with the state to be a lawful patient if they possess an in-state physician's recommendation for medical cannabis.]
People of earth I truely appreciate your efforts in the political release of the honorable Mary Jane. I’m so tired of kissing her in the dark! I eagerly seek the light that one day will liberate us both! With this in mind I implore that in your hearts please keep the blessed memory of those that suffered and died for the survival of this vital plant. Be careful that Mary Jane doesn’t turn into the monster that attempted her ruin in the first place. Yes,it’s true,this is a money maker.It’s also so much more. Be aware of who’s cashing in! The choice I’ve made with Mary Jane is a Choice I wear as a Medal! After this prolonged persecution we cannot delay any longer,Proper and Respectable Freedom !!! P.S.: I don’t enjoy Mary Jane because I’m sick
Let me offer to help out Russ…
1st, please read the full text of the Law. The link is listed immediately after item 30.
Beyond what the law indicates, further rules will be developed by AZ DHS. The rules and application processes for all will not be finalized UNTIL April 1, 2011.
Now for specific items or concerns posted in this thread.
A) fingerprints
Arizona already has what is known as a ‘Class 2 fingerprint clearance’ which is required in order to work in a day care, school, school bus, or with the ‘at risk population’ of disabled individuals. Fingerprints are submitted to Department of Public Safety (az version of State Police), who then queries the FBI database. The opportunity exists to utilize this existing process, but will be up to AZ DHS as to the specific implementation. FWIW, if you have ever had your prints rolled (military or jail booking, they already have your prints in the FBI database. Also remember, fingerprint identification is subjective, and opinion based, counting ‘number of points.’
DNA identification is cost and time prohibitive.
B)Felonies
[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.]
and
[ 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:
1. AN OFFENSE FOR WHICH THE SENTENCE, INCLUDING ANY TERM OF PROBATION, INCARCERATION OR SUPERVISED RELEASE, WAS COMPLETED TEN OR MORE YEARS EARLIER.
2. 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.]
The law does NOT indicate ANY misdemeanor offenses are disqualifying.
So the definition of disqualifying felonies (only) is clearly stated in the text of the LAW.
C)Law enforcement access to databases:
The text of the legislation limits the access of law enforcement to limited verification. PLEASE READ THE TEXT OF THE LEGISLATION. But, keep in mind, the government can and will violate the law. There will be legal challenges to law enforcement’s behavior, just like everywhere quite frequently.
D)Visiting Qualifying Patients:
Again, the law is pretty clear. The law prohibits AZ Dispensaries from selling to ‘Visiting Qualifying Patients.’ It does, however, extend protection from ARS insofar as criminal prosecution is concerned. For instance, if you are in visiting from California, the law indicates it would be acceptable to bring up to 2.5 ounces with you, provided you have a California Issued mm patient id card. A visiting qualifying patient will receive the same legal protection as
an AZ qualified patient.
So there you have my 2.5 ounces of interpretation. Consider it, use it, or discard it.
My next post will attempt to outline some concerns regarding the process as it moves forward.
Peace be with you.
[...] long any growers will donate for free. Here is a link to some important info about the new law. http://blog.norml.org/2010/11/15/30-…marijuana-law/ Reply With Quote + Reply to Thread « Any ideas on how to get [...]
WATCH OUT !!! SEEMS HARVEST-420@HOTMAIL.COM HAS TURNED SCAMMER. REPLY FOR DETAILS.
[...] November 2010: 30 Facts About Arizona’s New Medical Marijuana Law [...]
i was wondering if when they do the fingerprint if they run to see if u have warrents at the same time so if someone could help me out and answer that please
I understand that you will have to have at least a one year history with your Dr. before they can issue you a recommendation for the MM card. What would happen if the one person that could help you chose NOT to? Will there be any other remedy to that scenario?
Thank you,
Brian
I’m new to the site, and was reading through some of the posts. Referring to Post#80, where ‘Sandy’ asks about one secure door in and out and the fire danger involved.
As a retired firefighter and inspector, I can say that one door in and out is acceptable if there is at least one (based on occupancy and square footage) emergency exit other than the main entrance fitted with panic bars. You have all seen these panic bars in stores, theaters, etc. before. Often, it will be posted with a sign saying ‘Emergency Exit Only – Opening Door Will Sound Alarm’. That kind of fire exit will be sufficient.
I laud Sandy for her very thoughtful question. And I will continue to read the posts, as I am a potential patient. I’ve been on narcotics for pain for the past 11 years, and I want off of them! ASAP!
My family and I have been wanting to move to AZ to grow and I wanted to know if its possible to do so up in stedman AZ?