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Can Teenagers Be Approved for Medical Marijuana in Arizona?

by | Feb 28, 2018 | Drugs, Medical Marijuana

Defending the People of Arizona

With more than 100 Years of combined experience

Can Teenagers Be Approved for Medical Marijuana in Arizona?

As a parent, you want to make sure that your kids are happy and healthy at all times. When your child is suffering from chronic pain or illness, it’s very difficult to stand by and watch them struggle. Fortunately, medical marijuana is available to eligible patients throughout Arizona – but do minors under 18 qualify for this type of treatment? As with all eligible patients, there are many rules and regulations which govern the distribution and use of medical marijuana in Arizona. To ensure that your child is well cared for while remaining in compliance with the law, we’ve put together this guide to the use of medical marijuana in Arizona.

Qualifying for Medical Marijuana as a Minor in Arizona

In order to qualify as a minor patient for the use of medical marijuana in the state of Arizona, the patient must have a medical marijuana caregiver, typically a parent or legal guardian. In addition to this, the patient must have been seen by a licensed medical doctor who has assessed his or her needs and determined that medical marijuana is the best course of treatment. The doctor will need to complete a Medical Marijuana Physician Certification for Patients Under 18 Form. The patient will also need to submit a photograph and fingerprints with his or her application.

Responsibilities of a Caregiver in Arizona

As a medical marijuana caregiver in Arizona, you will be responsible for completing and submitting your minor child’s application for a medical marijuana ID card, as well as all other subsequent forms and payments. You will need to be aware of when the medical marijuana card must be renewed, and make sure that your child is consuming and using his or her medicinal products as prescribed and in a safe and responsible manner. Lastly, it will be your job to stay on top of the laws and ensure that you and your minor child are doing everything legally and correctly at all times.

The Don’ts of Medical Marijuana as a Minor in Arizona

Even if your minor child is deemed eligible for the use of medical marijuana in Arizona, there are still strict guidelines that you must adhere to. Having a qualifying condition or illness isn’t enough for your child to legally gain access to and utilize medical marijuana. You must go through the proper channels at all times to legally obtain it. This means always carrying the proper identification and medical card, ensuring that the card is up-to-date, and only purchasing medicinal products from an authorized dispensary. Your child must never share his or her medicinal materials with another person, as this is against the law. You should also be aware that strict regulations surround you or your minor child’s ability to grow plants inside your own home. According to Arizona law, this is only allowable when you and your child live farther than 25 miles from a dispensary. You may not grow more than the allowable number of plants, and these must be grown in a place out of sight of the public, and in a safe, locked room. Be sure to check with the state before growing your own. Finally, your minor child must understand that he or she may never get behind the wheel of a car while treating his or her condition with medical marijuana.

Need more information on the use of medical marijuana as a minor in Arizona? Has your minor child been arrested for the use of Medical marijuana in Arizona? Reach out to the team at Schill Law Group for a free case evaluation today. We’ll make sure someone is on your side at all times.

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My Teen Was Arrested for a DUI – Now What?

by | Feb 27, 2018 | Criminal Charges, DUI, Felony, Underage DUI

Defending the People of Arizona

With more than 100 Years of combined experience

My Teen Was Arrested for a DUI – Now What?

The next few months will be a very busy period for Arizona teenagers. Spring break often means time out of school and partying with friends. April brings Prom dances and an increase in underage drinking. Graduation is also a time for parties and living it up. All of this leads to the increased risk of teenagers drinking or smoking marijuana and getting behind the wheel of a car. So what happens if your teen is arrested for a DUI? Read on to learn more.

Consequences of an Underage DUI in Arizona

We’ve said it before and we’ll say it again: Arizona has some of the toughest DUI laws in the nation. The Arizona police force and court system don’t take it any easier on teens who drink and drive than adults who are charged with the same crime. In fact, teen drivers are subject to even more scrutiny than those who drink and drive at the legal age of 21.

Arizona has what is known as a “zero tolerance” policy for underage drivers. While a driver aged 21 or older may be arrested for a DUI if he or she shows significant impairment or has a BAC (Blood Alcohol Content) of .08 or higher, a teenager may be arrested for a DUI if he or she has a BAC of any higher than 0.0. So, what happens if a teenager is arrested for a DUI? What consequences does he or she face? Here’s a look at six of the most common penalties for drinking and driving underage:

  • Juvenile Detention or Imprisonment – Underage drivers who are still under the age of 18 may be faced with as many as six months in a juvenile detention center. Those who are legally considered to be adults but still under the legal drinking age may also face imprisonment in a county jail. These individuals will also receive a misdemeanor charge on their adult records.
  • Fines – Even underage drivers can be charged with significant fines if convicted of driving under the influence of drugs or alcohol. Parents of minors charged with a DUI may be responsible for the $2500 in fines, as well as any court fees or attorney fees.
  • Driving Suspension or Restrictions – The driver’s licenses of underage drinkers will often be suspended or revoked for a specific length of time after being charged with a DUI. Judges are very strict with this policy because they want underage drinkers to learn about the severe penalties associated with drinking and driving. Even when driving privileges are reinstated, your teen may be required to install an ignition interlock device which will ensure that he or she is unable to operate the vehicle while under the influence of alcohol.
  • Treatment Programs – In some cases, an Arizona judge may see fit to assign the arrested and convicted teen to rehabilitation or treatment programs for drug and/or alcohol abuse. This may mean that a teen is required to attend a certain number of Alcoholics Anonymous or Narcotics Anonymous meetings, or it could mean that your teen will need to live in an in-patient treatment center for a specific number of days or months.
  • Community Service – Many Arizona judges will assign underage drinkers who have been convicted of a DUI to community service hours. These hours must be completed in a certain window of time in order to avoid further fines or repercussions.

What to Do If Your Teen is Arrested for a DUI

Because the penalties for an underage DUI are so hefty in Arizona, it’s important that you act quickly after your child is arrested.

Be sure to reach out to expert legal representation immediately. The Schill Law Group is here to help in your hour of need. Call us to schedule a free case evaluation today.

Accused of Domestic Violence? Here’s What You Need to Know

by | Feb 26, 2018 | Assault, Domestic Violence, Felony, Misdemeanor

Defending the People of Arizona

With more than 100 Years of combined experience

Accused of Domestic Violence? Here’s What You Need to Know

Being accused of domestic violence in Arizona is a big deal. Although the word “domestic” may seem to soften the allegation, the truth is that courts view domestic violence as a serious offense and the penalties can be severe, ranging from misdemeanor to felony charges. Although being faced with such charges can be stressful, it’s important to keep your cool. Understanding what constitutes domestic violence in Arizona and the process of building up a defense and going through the court system will help you get through this difficult time a little easier. Here’s a quick primer on what you need to know about domestic violence in Arizona.

Understanding What Constitutes “Domestic” Violence

Throughout the years of working on domestic violence cases, the team at Schill Law Group has encountered many individuals who are confused by the term. As an example, an accused individual may not believe that his (or her) act should be considered “domestic” violence because the accuser is not his spouse. In reality, there are many different scenarios which can be considered domestic violence. In addition to violent acts occurring between spouses, the state of Arizona views the following types of situations to be domestic violence:

  • When the parties were formerly married.
  • When the parties have a child together or the alleged victim is pregnant with the accused’s child.
  • The parties are related by blood or by law.
  • The parties live in the same household or formerly lived in the same home.
  • The parties are involved in a romantic or sexual relationship.
  • Other similar situations as determined by law enforcement and/or the court system.

By this definition, acts of domestic violence can be carried out against siblings, children, boyfriends/girlfriends, or even in-law parents. Knowing this will help you understand why you have been accused of domestic violence and whether or not the charge is correct for your case. Be sure to inform your attorney of the exact nature of your relationship with the alleged victim so that your attorney can build the best argument for your defense.

Types of Domestic Violence

Assuming that the above criteria are met for a domestic relationship between an alleged victim and the accused, there are a number of offenses that are considered to be domestic violence. In fact, under ARS 13-3601, there are 29 different types of offenses that qualify. Again, understanding the different offenses can help you determine whether or not you have been wrongfully accused or if you are being falsely charged of domestic violence. Some of the many types of domestic violence offenses that are prosecuted in Arizona include:

  • Negligent homicide
  • Manslaughter
  • First and Second Degree Murder
  • Endangerment
  • Threats/Intimidation
  • Assault/Aggravated Assault
  • Custodial Interference
  • Sexual Assault
  • Kidnapping
  • Unlawful Imprisonment
  • Criminal Trespass
  • Criminal Damage
  • Unlawful Distribution of Images

Understanding the Penalties for Domestic Violence

There’s no “one-size-fits-all” penalty for domestic violence in Arizona. The Arizona court system views each unique case carefully in order to determine how to proceed with criminal charges. The prosecution will gather the facts and, if he or she believes there is enough evidence against you to proceed, they will decide whether to charge you with a misdemeanor or felony.

Because the range of penalties is so great, and can include everything from fines to anger management classes to time in jail or prison, it’s critical that you hire an experienced attorney who can evaluate the specific facts as they pertain to your case and build the best argument in your defense.

If you or a loved one have been accused of domestic violence, we urge you to seek legal counsel immediately. Having an experienced attorney on your side can help you build the best case for your unique circumstances and ease your stress during this time of crisis. Contact the team at Schill Law Group for a free case evaluation today.

Divorce and Kids: Steps to a Smooth Transition

by | Feb 19, 2018 | Child Support, Custody, Divorce, Legal Seperation, Parenting

Defending the People of Arizona

With more than 100 Years of combined experience

Divorce and Kids: Steps to a Smooth Transition

Divorce is extremely stressful, and things only get more complicated when there are children involved. For children, divorce can be confusing and scary. As a parent, it’s your job to make sure that as you and your spouse transition into a life separate from one another, your sons and daughters are able to make that transition as smoothly as possible. Here’s a look at a few tips for minimizing the amount of stress and anxiety placed on your children during the divorce process.

Hire an Attorney

The first step to keeping your divorce simple and stress-free for your kids is to hire a divorce attorney right from the get-go. Schill Law Group has worked with countless individuals and families going through the divorce process and understands what it takes to create a safe and nurturing environment for children after their parents have separated. Our team can work with you to come to an agreement with your ex with regards to legal custody of the children, living arrangements, child support, visitation schedules, and more. Having an attorney work with you on these types of arrangements is a critical part of keeping things civil between you and your former spouse so that your children can transition into this new way of life without fear and anxiety. Working with legal representation helps to remove much of the emotional turmoil and drama so that you can focus on what’s truly best for the kids.

Establish Paternity

When a child is born, there’s no question of who the mother is. Even in committed, long-term marriages, though, paternity can come into question. Without legally establishing paternity, a father may find himself stripped of his parental rights. Conversely, without the legal establishment of paternity, a mother may be forced to grant visitation to a man who is not legally the father of her child. It’s a good idea to go through all of the proper channels and legally establish paternity in order to guarantee that no problems arise as the result of your failure to do so.

Obey Court Orders

Once the court makes a ruling about custody, visitation (or “parenting time”), and/or child support, you must comply with this ruling. Even if you disagree with the decision that was initially made, you should never violate a court order as this can lead to much more trouble. Trying to keep your kids longer than the allotted visitation period, for example, could result in a kidnapping charge or you could be held in contempt of court. This is very traumatic for your children and could result in your inability to spend any time with them at all. Failure to pay child support in full and on time, too, is a huge mistake. You may believe that the amount is unreasonable, but that doesn’t mean that you can make the decision not to pay. This is harmful to your children and could lead to penalties. It’s imperative that you always go through the court and petition for changes to be made to the ruling instead of doing whatever you believe is right and fair.

Work Together

Wherever possible, it’s always in the best interest of you and your children to work to cooperate with your ex and keep communications open at all times. Your relationship with your ex will impact your children whether you realize it or not, so try to work together and keep things civil. Trust us – though it may be difficult with some couples, we urge you to grin and bear it for everyone involved.

If you’re going through a divorce with children, you absolutely need someone on your side. The Schill Law Group is experienced in this area and is ready to help you today. Reach out to us for a free case evaluation.

Can I Legally Grow Marijuana in Arizona?

by | Feb 12, 2018 | Criminal Charges, Drugs, Felony, Medical Marijuana, Possession of an Illegal Substance

AZ MARIJUANA ATTORNEYS

DEDICATED AND EXPERIENCED

Can I Legally Grow Marijuana in Arizona?

The New Arizona Laws Regarding Marijuana

Arizona laws pertaining to marijuana are changing. The results of the most recent election made big changes to the laws concerning growing medical marijuana and marijuana usage in general.

Keeping up with the new laws is essential if you’re planning to use marijuana more moving forward or perhaps considering growing your own plants at home. We’ll be discussing the most notable changes here.

Stay on top of the new marijuana laws to steer clear of trouble while simultaneously exploring the new opportunities available to you.

The Passage of Proposition 207 and Its Impact on Arizona’s Marijuana Laws

Residents of Arizona voted on changes to marijuana laws in the most recent general election. They were given the chance to do that by either voting “yes” or “no” to Proposition 207.

After tabulating the results, Arizona officially certified the passage of Proposition 207. The passage of Proposition 207 brings sweeping changes to the laws that were previously on the books.

Generally speaking, the laws regarding the usage and cultivation of marijuana have eased significantly. Let’s discuss those changes in greater detail below.

Who Can Use Marijuana in the State of Arizona?

The passage of Proposition 207 means that more Arizona residents are now eligible to use marijuana in the state. Previously, only individuals who had an Arizona medical cannabis card could use marijuana.

The new laws now expand that to include all adults over the age of twenty-one. Notably, those under the age of twenty-one still need to be medically qualified before they can purchase or use marijuana.

Adults over the age of twenty-one can purchase no more than one ounce of marijuana at a time. For medical marijuana users, the limit is no more than 2.5 ounces purchased throughout fourteen days.

Are There Restrictions on Adult Marijuana Usage?

While the state of Arizona is now more accommodating to marijuana users, there are still certain restrictions in place designed to protect public safety.

For example, residents are still not allowed to drive after using marijuana. That could be a DUI violation, and you could find yourself in serious trouble if you ignore that rule.

Users are also not allowed to smoke marijuana in public. Stay at home if you wish to partake in marijuana usage.

Marijuana Cultivation for Adults

The laws governing the growing of marijuana have changed quite a bit thanks to the passage of Proposition 207. Adults over the age of twenty-one now have more freedom in that regard.

Per the new laws, adults over the age of twenty-one can grow their own marijuana plants. An adult is limited to growing no more than six marijuana plants inside their home. If two or more eligible adults are living in your home, you can grow twelve marijuana plants but no more than that.

Another important thing to note here is that you must choose an appropriate place to grow the marijuana plants before proceeding with cultivation. You cannot grow the plants anywhere.

Cultivators must grow the marijuana plants inside an enclosed space such as a room or closet that is adequately secured. The growing space for marijuana plants must not be accessible to any minors.

Medical Marijuana Cultivation

Medical marijuana patients and caregivers can grow marijuana plants at home if they live a certain distance away from the dispensary. More specifically, medical marijuana patients and caregivers can grow their plants if they live 25 miles or more away from a dispensary.

Individuals cultivating marijuana for medical use can grow up to twelve plants.

Can You Sell the Marijuana Plants You’re Growing at Home?

The state of Arizona still does not allow individuals  to sell marijuana plants they grow at home. You cannot pick up a plant and sell it to a friend whenever you like. Doing so could lead to you being charged with a crime and receiving penalties.

If you are interested in selling marijuana, you need to register as a marijuana establishment first.

What Is a Marijuana Establishment?

A marijuana establishment is an entity recognized by the state of Arizona as a retail location that can legally sell and cultivate marijuana. To be more specific, the licensee present at that establishment is permitted to sell marijuana and other marijuana products to adults over the age of twenty-one.

Individuals who want to become licensees for marijuana establishments can get to work now on preparing their applications. Early applications for marijuana establishments will be accepted from Jan. 19, 2021, up to March 9 of the same year.

Interested licensees must meet certain criteria.

The prospective licensee must first be looking to get established in a county currently being served by fewer than two non-profit medical marijuana dispensaries.

Non-profit medical marijuana dispensaries can also apply to become a marijuana establishment. To get their application granted, the dispensary must be registered and have no outstanding issues with the Arizona Department of Health Services.

What Happens if a Non-Profit Medical Marijuana Dispensary Is Allowed to Operate as a Marijuana Establishment?

We noted above that non-profit medical marijuana dispensaries can also apply to operate as marijuana establishments. What exactly will applying for that additional designation mean?

Upon being granted a license to operate as a marijuana establishment, a medical marijuana dispensary will be allowed to cater to more people. The establishment can continue to provide marijuana to qualified patients. At the same time, the establishment will also be allowed to sell marijuana to adults over the legal age.

Can Marijuana Usage Affect an Individual’s Employment Status?

Whether or not you will be allowed to use marijuana at your workplace will depend on your employer. Employers are still allowed by law to keep marijuana out of their offices, and you will need to comply as an employee.

It is worth noting that qualified medical marijuana users can be an exception to that rule. Talk to a lawyer if you wish to learn more about potential medical marijuana usage in the workplace.

Proposition 207 is easing the restrictions the state of Arizona used to have on marijuana usage and cultivation. Hopefully, you are now more aware of what you can legally do with regards to marijuana.

If you believe that you are being wrongfully accused of committing a crime involving marijuana, contact us at the Schill Law Group right away. We’ll prove your innocence and get you fair compensation for being subjected to that ordeal needlessly.

If you or a loved one have been charged with illegally growing marijuana plants, The Schill Law Group is here to help you fight your case. Reach out to one of our legal professionals for a free case evaluation today.

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