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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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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.

A Brief Intro to Medical Marijuana in Arizona

by | Oct 23, 2017 | Medical Marijuana

Defending the People of Arizona

With more than 100 Years of combined experience

A Brief Intro to Medical Marijuana in Arizona

It’s been seven years since the state of Arizona narrowly voted the AMMA (Arizona Medical Marijuana Act) into effect, which legalized both the possession and use of marijuana for specific medical conditions. Although the law went into effect in 2010, many Arizona residents are still confused about what, exactly, the law says concerning medical marijuana. Knowing the letter of the law is essential to avoid being penalized, as well as to protecting your rights. This quick primer will provide you with the basic information you need to know about medical marijuana in Arizona.

Medical Marijuana Eligibility in Arizona

When the AMMA was first launched, the state of Arizona laid down some very specific guidelines pertaining to who is eligible to obtain and use medical marijuana and to set limits regarding the possession of cannabis. If you are unsure about your adherence to any of these guidelines, it’s in your best interest to consult with an expert at Schill Law Group.

First, the law mandates that those in possession of a medical marijuana card have a “debilitating medical condition.” Arizona Revised Statutes 36-2801 define such a medical condition as being related to:

  • Cancer
  • Glaucoma
  • HIV Positive
  • Immune Deficiency Syndrome
  • Hepatitis C
  • Crohn’s Disease
  • Alzheimer’s Disease
  • Chronic or Debilitating Condition

In addition to this, the AMMA also sets forth several other requirements and limitations:

  • All patients and caregivers must be fingerprinted and may not be a registered felon. In the event that a cardholder is convicted of a felony, his or her eligibility will be revoked.
  • Cardholders are only able to legally possess up to 2.5 ounces of marijuana (including cannabis-infused edibles).
  • Medical marijuana may not legally be possessed or used near or on school grounds, correctional facilities, or public places.
  • Medical marijuana patients may legally cultivate up to 12 marijuana plants in a closed, locked facility IF the patient lives more than 25 miles from a certified marijuana dispensary.

Medical Marijuana Registration in Arizona

The state of Arizona still considers marijuana to be a controlled substance. As such, marijuana is strictly regulated. On top of qualifying for medical marijuana use through the presence of a debilitating medical condition, you are legally required to register for an identification card. You must submit written certification from your treating physician within 90 days of submitting your application for a medical marijuana ID card, and you will need to pay all applicable fees and sign an agreement not to divert marijuana to another party.

Legal Issues Surrounding Medical Marijuana in Arizona

Possessing a medical marijuana card in Arizona does not make you immune to the law. You can be arrested and penalized for possessing more than the legal limit, cultivating marijuana outside the scope of the law, attempting to sell medical marijuana to someone else, “holding” or using pot in prohibited areas, etc.

Of course, there are still some kinks and “gray areas” being worked out in the Arizona court system. Recently, an Arizona appellate court ruled that a 2012 state law which prohibited the use of medical marijuana on college campuses is, in fact, unconstitutional. The case arose as the result of a young man having been arrested and charged with a felony possession for having medical cannabis in his dorm room. Although the charges were eventually dropped to a misdemeanor, the defendant appealed the judgment. Ultimately, the appellate court determined that the 2012 law is contradictory to the AMMA, and the charges were thrown out, all as the result of strong legal representation.

If you have been charged with a crime related to the possession, cultivation, or use of medical marijuana, you need expert legal help. The professionals at Schill Law Group understand Arizona law as it pertains to medical marijuana and can build the best possible case for you. Contact us for a free consultation today.

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