“Arizona Medical Marijuana Act” — Approved Nov. 2, 2010 by 50.13% of voters
Allows registered qualifying patients (who must have a physician’s written certification that they have been diagnosed with a debilitating condition and that they would likely receive benefit from marijuana) to obtain marijuana from a registered nonprofit dispensary, and to possess and use medical marijuana to treat the condition.
Requires the Arizona Department of Health Services to establish a registration and renewal application system for patients and nonprofit dispensaries. Requires a web-based verification system for law enforcement and dispensaries to verify registry identification cards. Allows certification of a number of dispensaries not to exceed 10% of the number of pharmacies in the state (which would cap the number of dispensaries around 124).
Specifies that a registered patient’s use of medical marijuana is to be considered equivalent to the use of any other medication under the direction of a physician and does not disqualify a patient from medical care, including organ transplants.
Specifies that employers may not discriminate against registered patients unless that employer would lose money or licensing under federal law. Employers also may not penalize registered patients solely for testing positive for marijuana in drug tests, although the law does not authorize patients to use, possess, or be impaired by marijuana on the employment premises or during the hours of employment.
Approved Conditions:Cancer, glaucoma, HIV/AIDS, Hepatitis C, ALS, Crohn’s disease, Alzheimer’s disease, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures (including epilepsy), severe or persistent muscle spasms (including multiple sclerosis). Starting Jan.1, 2015, PTSD was added to the list.
Possession/Cultivation: Qualified patients or their registered designated caregivers may obtain up to 2.5 ounces of marijuana in a 14-day period from a registered nonprofit medical marijuana dispensary. If the patient lives more than 25 miles from the nearest dispensary, the patient or caregiver may cultivate up to 12 marijuana plants in an enclosed, locked facility.
Amended:Senate Bill 1443
Effective: Signed by Governor Jan Brewer on May 7, 2013
“Specifies the prohibition to possess or use marijuana on a postsecondary educational institution campus does not apply to medical research projects involving marijuana that are conducted on the campus, as authorized by applicable federal approvals and on approval of the applicable university institutional review board.”
[Editor’s Note: On Apr. 11, 2012, the Arizona Department of Health Services (ADHS) announced the revised rules for regulating medical marijuana and set the application dates for May 14 through May 25.
On Nov. 15, 2012, the first dispensary was awarded “approval to operate.” ADHS Director Will Humble stated on his blog that, “[W]e’ll be declining new ‘requests to cultivate’ among new cardholders in most of the metro area… because self-grow (12 plants) is only allowed when the patient lives more than 25 miles from the nearest dispensary. The vast majority of the Valley is within 25 miles of this new dispensary.”
On Dec. 6, 2012, the state’s first dispensary, Arizona Organix, opened in Glendale.]
Medical Marijuana Program
150 North 18th Avenue
Phoenix, Arizona 85007
Phone: 602-542-1025
Website:
Arizona Medical Marijuana Program
Information provided by the state on sources for medical marijuana:
“Qualifying patients can obtain medical marijuana from a dispensary, the qualifying patient’s designated caregiver, another qualifying patient, or, if authorized to cultivate, from home cultivation. When a qualifying patient obtains or renews a registry identification card, the Department will provide a list of all operating dispensaries to the qualifying patient.”
ADHS, “Qualifying Patients FAQs,” Mar. 25, 2010
Patient Registry Fee:
$150 / $75 for Supplemental Nutrition Assistance Program participants
Accepts other states’ registry ID cards?
Yes, but does not permit visiting patients to obtain marijuana from an Arizona dispensary
Registration:
Mandatory
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Not all information from each bill is listed here. We have extracted information that is relevant to business ownership.
Proposition 203
Amending Title 36, Arizona Revised Statutes Addition of Chapter 28.1, Amending Section 43-1201
Changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill patients who have a medical need to use marijuana. States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this act does not put the state of Arizona in violation of federal law. State law should make a distinction between the medical and nonmedical uses of marijuana. Hence, the purpose of this act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties and property forfeiture if such patients engage in the medical use of marijuana.
“Allowable amount of Marijuana” means 2.5 oz of useable Marijuana. If the qualifying patients’ registry identification card states that the qualifying patient is authorized to cultivate Marijuana, 12 plants contained in an enclosed, locked facility (except when being transported, usually during moving).
“Allowable amount of Marijuana” for each patient assisted by the designated Caregiver means 2.5 oz of useable Marijuana. If the qualifying Caregivers’ registry identification card states that the qualifying Caregiver is authorized to cultivate Marijuana, 12 plants contained in an enclosed, locked facility (except when being transported, usually during moving).
Marijuana that is incidental to Marijuana use, but is not useable Marijuana as defined in this chapter, shall not be counted toward a qualifying patient’s or designated Caregiver’s amount of Marijuana.
Cardholder means qualifying patient,a designated caregiver or a non-profit medical Marijuana dispensary agent who has been issued and possesses a valid registry identification card.
“Designated Caregiver” means any person who is at least 21, has agreed to assist with a patient’s medical use of Marijuana, has not been convicted of an excluded felony offense, assists no more than 5 qualifying patients, may receive reimbursements for actual costs incurred in assisting a registered qualifying patient’s medical use of Marijuana. The designated caregiver may not be paid any fee or compensation for service as a caregiver.
”Enclosed locked facility” means a closet, room, greenhouse or other enclosed area equipped with locks.
“Excluded felony offense” means a violent crime as defined in section 13-901.03, Subsection B, or a violation of a state or federal controlled substance law that was classified as a felony, but does NOT include any offense for which the sentence including any term of probation, incarceration or supervised release was completed ten or more years earlier.
“Marijuana” means all parts of any plant of the genus Cannabis whether growing or not and including the seeds.
“Nonprofit medical Marijuana dispensary agnent” means a principal officer, board member, employee or volunteer of a nonprofit medical Marijuana dispensary who is at least 21 years of age and has not been convicted of an excluded felony offense.
“Nonprofit medical Marijuana dispensary” means a not-for-profit entity that acquires, possesses, cultivats, manufactures, delivers, transfers, transports, supplies, sells or dispenses Marijuana or related supplies ad educational materials to cardholders. A Non-profit medical Marijuana dispensary may receive payment for all expenses incurred in its operation.
“Registry identification card” mean a document issued by the department that identifies a person as a registered qualifying patient, caregiver or agent.
“Useable Marijuana” means the dried flowers of the Mariuana plant, and any mixture or preparatiton thereof, but does not include the seeds, stalks, roots or weight of any food or drink combined with the Marijuana for consumption.
“Verification system” means a secure, password-protected, web-based system established ad maintained by the department that is available to law enforcement personnel and nonprofit medical Marijuana dispensary agents on a 24 hour basis for verification of registry identification cards.
“Visiting qualifying patient” means a person who is not a resident of Arizona or has been a resident less than 30 days who is under authority to consume medical Marijuana.
Limitations
This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal or other penatlies for engaging in possession or use of medical Marijuana on a school bus or grounds of a pre-school, primary or secondary school, on any correctional facility, on any form of public transportation or in any public place, while operating or navigating a motor vehicle (registered patients can operate motor vehicles if the presence of metabolites are in concentrates insufficient to cause impairment). Define the procedures for suspending or revoking the registration certificate of nonprofit medical marijuana dispensaries that violate the provisions of this chapter or the rules adopted pursuant to this section. Establishing application and renewal fees for registry identification cards and nonprofit medical marijuana dispensary registration certificates, according to the following: (a) the total amount of all fees shall generate revenues sufficient to implement and administer this chapter except that fee revenue may be offset or supplemented by private donations. (b) nonprofit medical marijuana dispensary application fees may not exceed $5,000. (c) nonprofit medical marijuana dispensary renewal fees may not exceed $1,000. (d) the total amount of revenue from nonprofit medical marijuana dispensary application and renewal fees and registry identification card fees for nonprofit medical marijuana dispensary agents shall be sufficient to implement and administer the nonprofit medical marijuana dispensary provisions of this chapter, including the verification system, except that the fee revenue may be offset or supplemented by private donations. (e) the department may establish a sliding scale of patient application and renewal fees based upon a qualifying patient’s household income. (f) the department may consider private donations under section 36-2817 to reduce application and renewal b. the department is authorized to adopt the rules set forth in subsection a and shall adopt those rules pursuant to title 41, chapter 6. 36-2804. registration and certification of nonprofit medical marijuana dispensaries
Registration of Dispensaries
Nonprofit medical marijuana dispensaries shall register with the department not later than ninety days after receiving an application for a nonprofit medical marijuana dispensary, the department shall register the nonprofit medical marijuana dispensary and issue a registration certificate and a random 20-digit alphanumeric identification number if: 1. the prospective nonprofit medical marijuana dispensary has submitted the application fee an application, including the legal name of the nonprofit medical marijuana dispensary, the physical address of the nonprofit medical marijuana dispensary and the physical address of one additional location, if any, where marijuana will be cultivated, neither of which may be within five hundred feet of a public or private school existing before the date of the nonprofit medical marijuana dispensary application, the name, address and date of birth of each principal officer and board member of the nonprofit medical marijuana dispensary, the name, address and date of birth of each nonprofit medical marijuana dispensary agent, the operating procedures consistent with department rules for oversight of the nonprofit medical marijuana dispensary, including procedures to ensure accurate record-keeping and adequate security measures. If the city, town or county in which the nonprofit medical marijuana dispensary would be located has enacted zoning restrictions, a sworn statement certifying that the registered nonprofit medical marijuana dispensary is in compliance with the restrictions. 2. none of the principal officers or board members has been convicted of an excluded felony offense. 3. none of the principal officers or board members has served as a principal officer or board member for a registered nonprofit medical marijuana dispensary that has had its registration certificate revoked. 4. none of the principal officers or board members is under twenty-one years of age. The department may not issue more than one nonprofit medical marijuana dispensary registration certificate for every ten pharmacies that have registered under section 32-1929, have obtained a pharmacy permit from the arizona board of pharmacy and operate within the state except that the department may issue nonprofit medical marijuana dispensary registration certificates in excess of this limit if necessary to ensure that the department issues at least one nonprofit medical marijuana dispensary registration certificate in each county in which an application has been approved. The department may conduct a criminal records check in order to carry out this section. A nonprofit medical marijuana dispensary agent shall be registered with the department before volunteering or working at a medical marijuana dispensary, a nonprofit medical marijuana dispensary may apply to the department for a registry identification card for a nonprofit medical marijuana dispensary agent by submitting: the name, address and date of birth of the nonprofit medical marijuana dispensary agent, a nonprofit medical marijuana dispensary agent application, a statement signed by the prospective nonprofit medical marijuana dispensary agent pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter, the application fee, a registered nonprofit medical marijuana dispensary shall notify the department within ten days after a nonprofit medical marijuana dispensary agent ceases to be employed by or volunteer at the registered nonprofit medical marijuana dispensary, no person who has been convicted of an excluded felony offense may be a nonprofit medical marijuana dispensary agent, the department may conduct a criminal records check in order to carry out this section.
Registration of Qualifying Patients and Designated Caregivers
A qualifying patient may apply to the department for a registry identification card by submitting a written certification issued by a physician within the ninety days immediately preceding the date of application, the application fee, an application, including name, mailing address, residence address and date of birth of the qualifying patient except that if the applicant is homeless no address is required, name, address and telephone number of the qualifying patient’s physician, name, address and date of birth of the qualifying patient’s designated caregiver, if any, a statement signed by the qualifying patient pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter, a signed statement from the designated caregiver, if any, agreeing to be the patient’s designated caregiver, and pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter, 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, the application for a qualifying patient’s registry identification card shall ask whether the patient would like the department to notify him of any clinical studies needing human subjects for research on the medical use of marijuana. the department shall notify interested patients if it is notified of studies that will be conducted in the united states.
Issuance of Registry Identification Cards
The department shall verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application or renewal within ten days of receiving a completed application or renewal, issue a registry identification card to a qualifying patient and his designated caregiver, if any, within five days of approving the application or renewal. a designated caregiver must have a registry identification card for each of his qualifying patients, issue each nonprofit medical marijuana dispensary agent a registry identification card and log-in information for the verification system within five days of approving the application or renewal, the department may not issue a registry identification card to a qualifying patient who is under the age of eighteen unless the qualifying patient’s physician has explained the potential risks and benefits of the medical use of marijuana to the custodial parent or legal guardian responsible for health care decisions for the qualifying patient, a custodial parent or legal guardian responsible for health care decisions for the qualifying patient submits a written certification from two physicians, the custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to allow the qualifying patient’s medical use of marijuana, serve as the qualifying patient’s designated caregiver control the acquisition of the marijuana, the dosage and the frequency of the medical use of marijuana by the qualifying patient. A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth or insular possession of the united states that allows a visiting qualifying patient to possess or use marijuana for medical purposes in the jurisdiction of issuance has the same force and effect when held by a visiting qualifying patient as a registry identification card issued by the department, Arizona ballot proposition guide general election.
Denial of Registry Identification Card
If the applicant does not provide the information required, previously had a registry identification card revoked for violating this chapter, provides false information, does not provide the information required, previously had a registry identification card revoked for violating this chapter, or provides false information. The department may conduct a criminal records check of each designated caregiver or nonprofit medical marijuana dispensary agent applicant to carry out this section. The department shall give written notice to the registered nonprofit medical marijuana dispensary of the reason for denying a registry identification card to a nonprofit medical marijuana dispensary agent. The department shall give written notice to the qualifying patient of the reason for denying a registry identification card to the qualifying patient’s designated caregiver. Denial of an application or renewal is considered a final decision of the department subject to judicial review pursuant to title 12, chapter 7, article 6. jurisdiction and venue for judicial review are vested in the superior court.
Expiration and Renewal of Registry Identification Cards and Registration Certificates
All registry identification cards and registration certificates expire one year after date of issue. A registry identification card of a nonprofit medical marijuana dispensary agent shall be cancelled and his access to the verification system shall be deactivated upon notification to the department by a registered nonprofit medical marijuana dispensary that the nonprofit medical marijuana dispensary agent is no longer employed by or no longer volunteers at the registered nonprofit medical marijuana dispensary. A renewal nonprofit medical marijuana dispensary registration certificate shall be issued within ten days of receipt of the prescribed renewal application and renewal fee from a registered nonprofit medical marijuana dispensary if its registration certificate is not under suspension and has not been revoked. If a cardholder loses his registry identification card, he shall promptly notify the department. within five days of the notification, and upon payment of a ten dollar fee, the department shall issue a new registry identification card with a new random identification number to the cardholder and, if the cardholder is a registered qualifying patient, to the registered qualifying patient’s registered designated caregiver, if any.
Facility Restrictions
Any nursing care institution, hospice, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility or adult foster care home may adopt reasonable restrictions on the use of marijuana by their residents or persons receiving inpatient services, including that the facility will not store or maintain the patient’s supply of marijuana, that the facility, caregivers or hospice agencies serving the facility’s residents are not responsible for providing the marijuana for qualifying patients. Marijuana be consumed by a method other than smoking, that marijuana be consumed only in a place specified by the facility, nothing in this section requires a facility listed in subsection a to adopt restrictions on the medical use of marijuana.
Requirements for Registered Nonprofit Medical Marijuana Dispensaries
A registered nonprofit medical marijuana dispensary shall be operated on a not-for-profit basis. The bylaws of a registered nonprofit medical marijuana dispensary shall contain such provisions relative to the disposition of revenues and receipts to establish and maintain its nonprofit character. a registered nonprofit medical marijuana dispensary need not be recognized as tax-exempt by the internal revenue service. The operating documents of a registered nonprofit medical marijuana dispensary shall include procedures for the oversight of the registered nonprofit medical marijuana dispensary and procedures to ensure accurate recordkeeping. A registered nonprofit medical marijuana dispensary shall have a single secure entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana. A registered nonprofit medical marijuana dispensary is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing marijuana for any purpose except to assist registered qualifying patients with the medical use of marijuana directly or through the registered qualifying patients’ designated caregivers. All cultivation of marijuana must take place in an enclosed, locked facility at a physical address provided to the department during the registration process, which can only be accessed by registered nonprofit medical marijuana dispensary agents associated in the registry with the nonprofit medical marijuana dispensary. A registered nonprofit medical marijuana dispensary may acquire usable marijuana or marijuana plants from a registered qualifying patient or a registered designated caregiver only if the registered qualifying patient or registered designated caregiver receives no compensation for the marijuana. A nonprofit medical marijuana dispensary shall not permit any person to consume marijuana on the property of a nonprofit medical marijuana dispensary. A registered nonprofit medical marijuana dispensaries are subject to reasonable inspection by thedepartment. the department shall give reasonable notice of an inspection under this subsection.
Dispensary Locations
Cities, towns and counties may enact reasonable zoning regulations that limit the use of land for registered nonprofit medical marijuana dispensaries to specified areas.
Dispensing Marijuana for Medical Use
Before marijuana may be dispensed to a registered designated caregiver or a registered qualifying patient, a nonprofit medical marijuana dispensary agent must access the verification system and determine for the registered qualifying patient for whom the marijuana is intended and any registered designated caregiver transporting the marijuana to the patient, that the registry identification card presented to the registered nonprofit medical marijuana dispensary is valid. Each person presenting a registry identification card is the person identified on the registry identification card presented to the nonprofit medical marijuana dispensary agent. The amount to be dispensed would not cause the registered qualifying patient to exceed the limit on obtaining no more than two-and-one-half ounces of marijuana during any fourteen-day period. After making the determinations required in subsection a, but before dispensing marijuana to a registered qualifying patient or a registered designated caregiver on a registered qualifying patient’s behalf, a nonprofit medical marijuana dispensary agent must enter the following information in the verification system: how much marijuana is being dispensed to the registered qualifying patient, whether it was dispensed directly to the registered qualifying patient or to the registered qualifying, patient’s registered designated caregiver, the date and time the marijuana was dispensed, the registry identification card number of the nonprofit medical marijuana dispensary and of the nonprofit medical marijuana dispensary agent who dispensed the marijuana.
Notifications to Department and Civil Penalty
A registered qualifying patient shall notify the department within ten days of any change in the registered qualifying patient’s name, address, designated caregiver or preference regarding who may cultivate marijuana for the registered qualifying patient or if the registered qualifying patient ceases to have his debilitating medical condition. A registered designated caregiver or nonprofit medical marijuana dispensary agent shall notify the department within ten days of any change in his name or address. When a cardholder notifies the department of any changes listed in subsection a but remains eligible under this chapter, the department shall issue the cardholder a new registry identification card with new random 20 digit alphanumeric identification numbers within ten days of receiving the updated information and a ten-dollar fee. If the person notifying the department is a registered qualifying patient, the department shall also issue his registered designated caregiver, if any, a new registry identification card within ten days of receiving the updated information. If the registered qualifying patient’s certifying physician notifies the department in writing that either the registered qualifying patient has ceased to suffer from a debilitating medical condition or that the physician no longer believes the patient would receive therapeutic or palliative benefit from the medical use of marijuana, the card is void upon notification by the department to the qualifying patient. When a registered qualifying patient ceases to be a registered qualifying patient or changes registered designated caregiver, the department shall promptly notify the former designated caregiver that his duties and rights under this chapter as to that qualifying patient expire fifteen days after notification by the department is sent. A registered qualifying patient, designated caregiver or nonprofit medical marijuana dispensary agent who fails to comply with subsection a or b is subject to a civil penalty of not more than one hundred fifty dollars.
Confidentiality
The following information received and records kept by the department for purposes of administering this chapter are confidential, and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of the department to perform official duties of the department pursuant to this chapter: Applications or renewals, their contents and supporting information submitted by qualifying patients and designated caregivers, including information regarding their designated caregivers and physicians. Applications or renewals, their contents and supporting information submitted by or on behalf of nonprofit medical marijuana dispensaries in compliance with this chapter, including the physical addresses of nonprofit medical marijuana dispensaries. The individual names and other information identifying persons to whom the department has issued registry identification cards. Any dispensing information required to be kept under section 36-2806.02, subsection b, or department regulation shall identify cardholders by their registry identification numbers and not contain names or other personally identifying information. Any department hard drives or other data recording media that are no longer in use and that contain cardholder information must be destroyed. the department shall retain a signed statement from a department employee confirming the destruction. Data subject to this section shall not be combined or linked in any manner with any other list or database and it shall not be used for any purpose not provided for in this chapter. Nothing in this section precludes the following notifications: department employees may notify law enforcement about falsified or fraudulent information submitted to the department if the employee who suspects that falsified or fraudulent information has been submitted has conferred with his supervisor and both agree that the circumstances warrant reporting. The department may notify state or local law enforcement about apparent criminal violations of this chapter if the employee who suspects the offense has conferred with his supervisor and both agree that the circumstances warrant reporting. Nonprofit medical marijuana dispensary agents may notify the department of a suspected violation or attempted violation of this chapter or department rules.
Presumption of Protections for Medical use of Marijuana
A registered qualifying patient or registered designated caregiver is not subject to arrest, prosecution or general election penalty in any manner, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau for the registered qualifying patient’s medical use of marijuana pursuant to this chapter, if the registered qualifying patient does not possess more than the allowable amount of marijuana. For the registered designated caregiver assisting a registered qualifying patient to whom he is connected through the department’s registration process with the registered qualifying patient’s medical use of marijuana pursuant to this chapter if the registered designated caregiver does not possess more than the allowable amount of marijuana. For offering or providing marijuana to a registered qualifying patient or a registered designated caregiver for the registered qualifying patient’s medical use or to a registered nonprofit medical marijuana dispensary if nothing of value is transferred in return and the person giving the marijuana does not knowingly cause the recipient to possess more than the allowable amount of marijuana. A physician shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including but not limited to civil penalty or disciplinary action by the Arizona board of medical examiners or by any other business, occupational or professional licensing board or bureau, based solely on providing written certifications or for otherwise stating that, in the physician’s professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient’s debilitating medical condition or symptoms associated with the debilitating medical condition, but nothing in this chapter prevents a professional licensing board from sanctioning a physician for failing to properly evaluate a patient’s medical condition or otherwise violating the standard of care for evaluating medical conditions. No person may be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for providing a registered qualifying patient, a registered designated caregiver or a registered nonprofit medical marijuana dispensary with marijuana paraphernalia for purposes of a qualifying patient’s medical use of marijuana. Being in the presence or vicinity of the medical use of marijuana authorized under this chapter. Assisting a registered qualifying patient with administering marijuana as authorized by this chapter. A registered nonprofit medical marijuana dispensary is not subject to prosecution; search or inspection, except by the department pursuant to section 36-2806, subsection h; seizure or penalty in any manner and may not be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting pursuant to this chapter and department regulations to acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, sell or dispense marijuana or related supplies and educational materials to registered qualifying patients, to registered designated caregivers on behalf of registered qualifying patients or to other registered nonprofit medical marijuana dispensaries. A registered nonprofit medical marijuana dispensary agent is not subject to arrest, prosecution, search, seizure or penalty in any manner and may not be denied any right or privilege, including civil penalty or disciplinary action by a court or occupational or professional licensing board or entity, for working or volunteering for a registered nonprofit medical marijuana dispensary pursuant to this chapter and department regulations to acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, sell or dispense marijuana or related supplies and educational materials to registered qualifying patients, to registered designated caregivers on behalf of registered qualifying patients or to other registered nonprofit medical marijuana dispensaries. Property, including all interests in the property, otherwise subject to forfeiture that is possessed, owned or used in connection with the medical use of marijuana authorized under this chapter or acts incidental to the medical use of marijuana authorized under this chapter, is not subject to seizure or forfeiture. This subsection does not prevent civil forfeiture if the basis for the forfeiture is unrelated to the medical use of marijuana. Mere possession of, or application for, a registry identification card may not constitute probable cause or reasonable suspicion, nor may it be used to support the search of the person or property of the person possessing or applying for the registry identification card. the possession of, or application for, a registry identification card does not preclude the existence of probable cause if probable cause exists on other grounds. No school, landlord or employer may be penalized or denied any benefit under state law for enrolling, leasing to or employing a registered qualifying patient or a registered designated caregiver.
Affirmative Defense
A qualifying patient and a qualifying patient’s designated caregiver, if any, may assert the medical purpose for using marijuana as a defense to any prosecution of an offense involving marijuana intended for a qualifying patient’s medical use, and this defense shall be presumed valid where the evidence shows that a physician states that, in the physician’s professional opinion, after having completed a full assessment of the qualifying patient’s medical history and current medical condition made in the course of a bona fide physician-patient relationship, the qualifying patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the qualifying patient’s debilitating medical condition or symptoms associated with the qualifying patient’s debilitating medical condition. The qualifying patient and the qualifying patient’s designated caregiver, if any, were collectively in possession of a quantity of marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating the qualifying patient’s debilitating medical condition or symptoms associated with the qualifying patient’s debilitating medical condition. All marijuana plants were contained in an enclosed locked facility. The qualifying patient and the qualifying patient’s designated caregiver, if any, were engaged in the acquisition.
Discrimination Prohibited
No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for his status as a cardholder, unless failing to do so would cause the school or landlord to lose a monetary or licensing related benefit under federal law or regulations 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. No person may be denied custody of or visitation or parenting time with a minor, and there is no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the person’s behavior creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.
Acts Not Prohibited
Nothing in this chapter requires a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana, any person or establishment in lawful possession of property to allow a guest, client, customer or other visitor to use marijuana on or in that property, an employer to allow the ingestion of marijuana in any workplace or any employee to work while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment. Nothing in this chapter prohibits an employer from disciplining an employee for ingesting marijuana in the workplace or working while under the influence of marijuana.
Revocation
Any cardholder who sells marijuana to a person who is not allowed to possess marijuana for medical purposes under this chapter shall have his registry identification card revoked, and shall be subject to other penalties for the unauthorized sale of marijuana and other applicable offenses. Revocation is a final decision of the department subject to judicial review. A registered qualifying patient may not directly, or through his designated caregiver, obtain more than two-and-one-half ounces of marijuana from registered nonprofit medical marijuana dispensaries in any fourteen-day period. A registered nonprofit medical marijuana dispensary or agent may not dispense, deliver or otherwise transfer marijuana to a person other than another registered nonprofit medical marijuana dispensary, a registered qualifying patient or a registered qualifying patient’s registered designated caregiver. A registered nonprofit medical marijuana dispensary may not acquire usable marijuana or mature marijuana plants from any person other than another registered nonprofit medical marijuana dispensary, a registered qualifying patient or a registered designated caregiver. a knowing violation of this subsection is a class 2 felony. It is a class 1 misdemeanor for any person, including an employee or official of the department or another state agency or local government, to breach the confidentiality of information obtained pursuant to this chapter. Making false statements to a law enforcement official about any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution is subject to a civil penalty of not more than five hundred dollars, which shall be in addition to any other penalties that may apply for making a false statement or for the use of marijuana other than use undertaken pursuant to this chapter.
Medical Marijuana Fund – Private Donations
The medical marijuana fund is established consisting of fees collected, civil penalties imposed and private donations received under this chapter. The department shall administer the fund. Monies in the fund are continuously appropriated. The director of the department may accept and spend private grants, gifts, donations, contributions and devises to assist in carrying out the provisions of this chapter. Monies in the medical marijuana fund do not revert to the state general fund at the end of a fiscal year.
Fingerprinting Requirements
Each person applying as a designated caregiver, a principal officer, agent or employee of a nonprofit medical marijuana dispensary or a medical marijuana dispensary agent shall submit a full set of fingerprints to the department for the purpose of obtaining a state and federal criminal records. The department of public safety may exchange this fingerprint data with the federal bureau of investigation without disclosing that the records check is related to the medical marijuana act and acts permitted by it. the department shall destroy each set of fingerprints after the criminal records check is completed.
Organizations Exempt From Tax
Organizations that are exempt from federal income tax under section 501 of the internal revenue code are exempt from the tax imposed under this title. in addition, the following organizations are exempt from the taxes imposed under this title, except as otherwise provided in this chapter: labor, agricultural or horticultural organizations, other than cooperative organizations, fraternal beneficiary societies, orders or organizations both operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system and providing for the payment of life, sick, accident or other benefits to the members of such society, order or organization or their dependents. Cemetery companies owned and operated exclusively for the benefit of their members or which are not operated for profit or any corporation chartered for burial purposes and not permitted by its charter to engage in any business not necessarily related to that purpose, no part of the net earnings of which inures to the benefit of any private shareholder or individual member thereof. Corporations organized and operated exclusively for religious, charitable, scientific, literary or educational purposes or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation. Business leagues, chambers of commerce, real estate boards or boards of trade, not organized for profit, no part of the net earnings of which inures to the benefit of any private shareholder or individual. Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare or local organizations of employees, the membership of which is limited to the employees of a designated person or persons in a particular municipality, the net earnings of which are devoted exclusively to charitable, educational or recreational purposes. Clubs organized and operated exclusively for pleasure, recreation and other non-profitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder. Corporations organized for the exclusive purpose of holding title to property, collecting income therefrom and turning over the entire amount of such income, less expenses, to an organization which itself is exempt from the tax imposed by this title. Voluntary employees’ beneficiary organizations providing for the payment of life, sick, accident or other benefits to the members of such organizations or their dependents, if both of the following apply that no part of their net earnings inures, other than through such payments, to the benefit of any private shareholder or individual eighty-five per cent or more of the income consists of amounts collected from members and amounts contributed to the organization by the employer of the members for the sole purpose of making such payments and meeting expenses. Voluntary employees’ beneficiary organizations providing for the payment of life, sick, accident or other benefits to the members of such organization, their dependents or their designated beneficiaries, if both of the following apply: admission to membership in such organization is limited to individuals who are officers or employees of the united states government, and no part of the net earnings of such organization inures, other than through such payments, to the benefit of any private shareholder or individual. Corporations classified as diversified management companies under section 5 of the federal investment company act of 1940 and registered as provided in that act. Insurance companies paying to the state tax upon premium income derived from sources within this state. Mutual ditch, irrigation or water companies or similar nonprofit organizations if eighty-five per cent or more of the income consists of amounts collected from members for the sole purpose of meeting losses and expenses. Nonprofit medical marijuana dispensaries are exempt from the taxes imposed under this title.
Distance from Dispensary
A qualifying patient who is registered with dhs (or a registered designated caregiver on behalf of the qualifying patient) may obtain up to 2.5 ounces of marijuana in a 14-day period from a registered nonprofit medical marijuana dispensary. If the qualifying patient’s home is located more than 25 miles from the nearest nonprofit medical marijuana dispensary, the patient or designated caregiver may cultivate up to 12 marijuana plants in an enclosed, locked facility. A registered nonprofit medical marijuana dispensary must be operated on a not-for-profit basis, but may receive payment for all expenses incurred in its operation. dhs may not issue more than one nonprofit medical marijuana dispensary registration certificate for every ten pharmacy permits issued by the arizona state board of pharmacy under current law. the dispensary may cultivate marijuana only in an enclosed, locked facility and may acquire marijuana from a registered qualifying patient or designated caregiver if the patient or caregiver is not compensated for the marijuana. this proposition specifies various security, record-keeping and verification requirements relating to the operation of dispensaries.
CHAPTER 199 SENATE BILL 1443 – May 2013
section 1. section 15-108, Arizona revised statutes, is amended to read: medical marijuana; school campuses; prohibition;definition –
A person, including a cardholder may not lawfully possess or use marijuana on the campus of any public university, college, community college or post-secondary educational institution. This subsection does not prohibit medical research projects involving marijuana that are conducted on the campus of any public university, college, community college or post-secondary institution as authorized by applicable federal approvals, which may include the United States Food and Drug Administration, the united states Drug Enforcement Administration and the national institutes on drug abuse, and on approval of any applicable university institutional review board.
A person may not lawfully possess or use marijuana on the campus of any high school, junior high school, middle school, common school or preschool in this state.
