Age Limit
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There is no age limit. However, there are different card types depending on your age.
A.R.S. § 36-2801 subsection (15) states:
15. "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.
However, there are different requirements depending on the qualifying patient's age. If a qualifying patient is under 18 years of age, the custodial parent or legal guardian responsible for healthcare decisions for the qualifying patient must apply for the qualifying patient. The qualifying patient under 18 years of age must also have a designated caregiver.
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Adults 21 years of age or older See A.R.S. §§ 36-2850; 36-2851
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Purchase Limits
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The amount purchased cannot cause the registered qualifying patient to exceed the limit of obtaining no more than two-and-one-half ounces of marijuana in a fourteen (14) day period.
A.R.S. § 36-2816 subsection (A) states:
A. A registered qualifying patient may not directly, or through the patient's designated caregiver, obtain more than two and one-half ounces of marijuana from registered nonprofit medical marijuana dispensaries in any fourteen-day period.
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A.R.S. § 36-2852 subsection (A)(1) states "... one ounce or less of marijuana, except that not more than five grams of marijuana may be in the form of marijuana concentrate."
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Possession
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A qualified patient is only able to possess the "allowable amount of marijuana".
Regarding the "allowable amount of marijuana", A.R.S. § 36-2801 subsection (1) states:
- "Allowable amount of marijuana":
- With respect to a qualifying patient, means:
- Two and one-half ounces of usable marijuana.
- If the qualifying patient's registry identification card states that the qualifying patient is authorized to cultivate marijuana, twelve marijuana plants contained in an enclosed, locked facility, except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the qualifying patient is moving.
- With respect to a designated caregiver, for each patient assisted by the designated caregiver under this chapter, means:
- Two and one-half ounces of usable marijuana.
- If the designated caregiver's registry identification card provides that the designated caregiver is authorized to cultivate marijuana, twelve marijuana plants contained in an enclosed, locked facility, except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the designated caregiver is moving.
- Does not include marijuana that is incidental to medical use, but is not usable marijuana.
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Regarding the amount of adult use marijuana a person is able to possess, A.R.S. § 36-2853(A) states:
A. Notwithstanding any other law and except as otherwise provided in [A.R.S. Title 36, Chapter 28.2], a person who possesses an amount of marijuana greater than [one ounce or less of marijuana, except that not more than five grams of marijuana may be in the form of marijuana concentrate], but not more than two and one-half ounces of marijuana, of which not more than twelve and one-half grams is in the form of marijuana concentrate, is guilty of a petty offense.
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Public Use
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Not allowed [A.R.S. § 36-2802(B), (C)]
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Not allowed See A.R.S. § 36-2851
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Driving
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Not allowed [A.R.S. § 36-2802(D)]
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Not allowed See A.R.S. § 36-2851
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Buying and Selling
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Qualifying patients or their caregivers purchase medical marijuana from a nonprofit medical marijuana dispensary. Medical marijuana can only be sold by a licensed nonprofit medical marijuana dispensary.
Regarding a nonprofit medical marijuana dispensary, A.R.S. § 36-2801(12) states:
12. "Nonprofit medical marijuana dispensary" means a not-for-profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to cardholders. A nonprofit medical marijuana dispensary may receive payment for all expenses incurred in its operation.
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Adults 21 years of age or older may purchase adult use marijuana from a licensed marijuana establishment. Only licensed marijuana establishments may sell adult use marijuana. See A.R.S. §§ 36-2850, 36-2851
Regarding the buying and selling of adult use marijuana A.R.S. § 36-2850 states:
- "Consumer" means an individual who is at least twenty-one years of age and who purchases marijuana and marijuana products.
- “Marijuana establishment” means an entity licensed by the department to operate ... a single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.
A.R.S. § 36-2851 subsections (4) and (5) state:
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Cultivation
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Under specific guidelines, cultivation may be allowed.
Regarding cultivation of medical marijuana, A.R.S. § 36-2804.02 subsection (A)(3)(f) states:
- A qualifying patient may apply to the department for a registry identification card by submitting:
- An application, including:
- A designation as to who will be allowed to cultivate marijuana plants for the qualifying patient's medical use if a registered nonprofit medical marijuana dispensary is not operating within twenty-five miles of the qualifying patient's home.
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Under specific guidelines, cultivation is allowed for adults 21 years of age or older. See A.R.S. § 36-2852
Regarding cultivation of adult use marijuana, A.R.S. § 36-2852 subsection (A)(2) states:
- Except as specifically and expressly provided in sections 36-2851 and 36-2853 and notwithstanding any other law, the following acts by an individual who is at least twenty-one years of age are lawful, are not an offense under the laws of this state or any locality, may not constitute the basis for detention, search or arrest, and cannot serve as the sole basis for seizure or forfeiture of assets, for imposing penalties of any kind under the laws of this state or any locality or for abrogating or limiting any right or privilege conferred or protected by the laws of this state or any locality:
- Possessing, transporting, cultivating or processing not more than six marijuana plants for personal use at the individual’s primary residence, and possessing, processing and manufacturing by manual or mechanical means, including sieving or ice water separation but excluding chemical extraction or chemical synthesis, the marijuana produced by the plants on the premises where the marijuana plants were grown if all of the following apply:
- Not more than twelve plants are produced at a single residence where two or more individuals who are at least twenty-one years of age reside at one time.
- Cultivation takes place within a closet, room, greenhouse or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors.
- Cultivation takes place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft or other optical aids."
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Taxes
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No excise tax
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A 16% excise tax has been placed on adult use marijuana products per A.R.S. § 42-5452(A).
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Employment
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An employee has some protections from discrimination as a registered qualified patient.
Regarding employment protections of medical marijuana, A.R.S. § 36-2813 subsection (B) states:
- Unless a failure to do so would cause an employer to lose a monetary or licensing related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon either:
- The person's status as a cardholder.
- A registered qualifying patient's positive drug test for marijuana components or metabolites, unless the patient used, possessed or was impaired by marijuana on the premises of the place of employment or during the hours of employment.
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An employer retains the right to maintain a drug-and-alcohol-free workplace. See A.R.S. § 36-2851
Regarding the rights of employers, A.R.S. § 36-2851 subsections (1), (2), (6), (7) and (9) state:
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Delivery
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Delivery of medical marijuana is included in the definition of medical use.
Regarding delivery of adult use marijuana. A.R.S. § 36-2801(11) states
- "Medical use" means 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.
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Delivery of adult use marijuana is allowed once the Department adopts rules permitting and regulating delivery. See A.R.S. §§ 36-2850, 36-2854
Regarding delivery of adult use marijuana. A.R.S. § 36-2850 states:
- “Deliver” and “delivery” mean the transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.
A.R.S. § 36-2854(C) through (E) states:
- Until the department adopts rules permitting and regulating delivery by marijuana establishments pursuant to subsection D of this section, delivery is unlawful under [A.R.S. Title 36, Chapter 28.2].
- On or after January 1, 2023, the department may, and no later than January 1, 2025 the department shall, adopt rules to permit and regulate delivery by marijuana establishments. The rules shall:
- Require that delivery and the marijuana and marijuana products to be delivered originate from a designated retail location of a marijuana establishment and only after an order is made with the marijuana establishment by a consumer.
- Prohibit delivery to any property owned or leased by the United States, this state, a political subdivision of this state or the Arizona board of regents.
- Limit the amount of marijuana and marijuana products based on retail price that may be in a delivery vehicle during a single trip from the designated retail location of a marijuana establishment.
- Prohibit extra or unallocated marijuana or marijuana products in delivery vehicles.
- Require that deliveries be made only by marijuana facility agents in unmarked vehicles that are equipped with a global positioning system or similar location tracking system and video surveillance and recording equipment, and that contain a locked compartment in which marijuana and marijuana products must be stored.
- Require delivery logs necessary to ensure compliance with this subsection and rules adopted pursuant to this subsection.
- Require inspections to ensure compliance with this subsection and rules adopted pursuant to this subsection.
- Include any other provisions necessary to ensure safe and restricted delivery.
- Require dual licensees to comply with the rules adopted pursuant to this subsection.
- Except as provided in subsection D of this section, the department may not permit delivery of marijuana or marijuana products under [A.R.S. Title 36, Chapter 28.2] by any individual or entity. In addition to any other penalty imposed by law, an individual or entity that delivers marijuana or marijuana products in a manner that is not authorized by [A.R.S. Title 36, Chapter 28.2] shall pay a civil penalty of $20,000 per violation to the smart and safe Arizona fund established by section 36-2856. This subsection may be enforced by the attorney general.
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