On November 3, 2020, Arizona voters voted "yes" on Proposition 207, the Smart and Safe Arizona Act, a voter initiative to allow adults 21 years of age or older to use, possess, or transfer up to one ounce of marijuana and cultivate for personal use not more than six marijuana plants at a primary residence; bans smoking marijuana in public places and open spaces; amends criminal classifications and penalties for marijuana possession and use; allows the retail sale of marijuana at licensed establishments; imposes a 16% excise tax on marijuana sales to fund community colleges, infrastructure, public safety, and public health programs; authorizes state and local regulation of the sale and production of marijuana by a capped number of licensees; and allows courts to vacate and expunge certain marijuana arrests, charges, adjudications, convictions, or sentences.
Adult Use of Marijuana Program
Adult use of marijuana is an adult 21 years of age or older possessing, consuming, purchasing, processing, manufacturing by manual or mechanical means, including sieving or ice water separation but excluding chemical extraction or chemical synthesis, or transporting one ounce or less of marijuana, except that not more than five grams of marijuana may be in the form of marijuana concentrate. See A.R.S. § 36-2852(A)(1)
Medical Marijuana Program
"Medical use" of marijuana is defined in Arizona Revised Statutes (A.R.S.) § 36-2801 as "... the acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition."
A "Qualifying patient", according to A.R.S. § 36-2801(15) is a "person who has been diagnosed by a physician as having a debilitating medical condition."
A "debilitating medical condition" is defined in A.R.S. § 36-2801 as:
Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease or agitation of Alzheimer's disease or the treatment of these conditions.
A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
Cachexia or wasting syndrome.
Severe and chronic pain.
Severe nausea.
Seizures, including those characteristic of epilepsy.
Severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
Any other medical condition or its treatment added by the department pursuant to section 36-2801.01.
Adult Use of Marijuana Program
A person 21 years of age or older may purchase one ounce or less of adult use marijuana, except that not more than 5 grams of marijuana may be in the form of marijuana concentrate.
Medical Marijuana Program
The amount purchased cannot cause the registered qualifying patient to exceed the limit of obtaining no more than 2.5 ounces of marijuana in a 14 day period.
Though Proposition 207 allowing the adult use of marijuana has passed, the medical marijuana program will continue its service to qualifying patients with debilitating medical conditions. The decision to keep a Medical Marijuana Registry Identification Card is your own.
All registry identification cards expire two years after their date of issue according to A.R.S. § 36-2804.06. In order to maintain status as a qualifying patient with a debilitating medical condition, you would need to renew your card in accordance with A.A.C. R9-17-204.
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