Is weed legal in Arizona? Well, the answer is- Marijuana for medicinal purposes is allowed in Arizona. A registered dispensary may sell up to an ounce of marijuana to an adult over 21 with a legitimate state ID.
However, Marijuana usage and possession are strictly prohibited in all Arizona public spaces. It is illegal to operate a vehicle or other type of motorized machinery while under the influence of marijuana in Arizona.
Arizonans voted 60 to 40 percent in favor of Prop 207, a ballot proposal to legalize cannabis for adults. Once the legislation went into force, regulations rushed to get the cannabis market up and running, and by the end of January, sales had begun. So, do you think- is weed legal in Arizona?
Let’s know more about the concept!
1. It’s Legislation History!
An initiative permitting severely or terminally ill individuals to carry medicinal marijuana with a doctor’s prescription was first passed by Arizona voters in 1996. Due to the phrase “prescribe” contradicting federal law that prohibits the prescription of marijuana, this clause was rejected.
In 2002, Arizona made another attempt to legalize medicinal cannabis with Proposition 203, but it received just 42.7% of the vote. It took over ten years to approve a workable solution.
A heavily amended version of Proposition 203, the Arizona Medical Marijuana act, narrowly passed the 2010 election with 50.13% of the vote. The first medicinal marijuana sales after Proposition 203 was approved happened in December 2012.
- Prop 203 of the Arizona Constitution established the Arizona Department of Health Services (ADHS) as the agency responsible for developing and implementing the guidelines for the state’s medical marijuana program.
- The Smart and Safe Act, or Proposition 207, was on the agenda in Arizona’s general election that took place in November 2020. Adults over the age of 21 in Arizona may now legally consume marijuana for recreational reasons.
- Voters in this age group were given the green light to cultivate as many as six marijuana plants at their primary address and may carry up to an ounce of marijuana or 5 grams of cannabis extracts.
- The ballot initiative also increased cannabis excise taxes to 16% and permitted the erasure of some marijuana possession-related criminal histories. Is weed legal in Arizona?
2. Purchasing Cannabis
Is weed legal in Arizona or not? Medical Marijuana can be bought from a nonprofit state-licensed dispensary by anyone 21 and older as well as patients and carers listed in the ADHS registry.
Both categories may legally purchase and possess cannabis in all of its forms, including flowers, edibles, extracts, salves, topicals, and capsules.
Adults are permitted to purchase up to 1 ounce of cannabis from a “marijuana institution” with a maximum of 5 grams of concentrates.
The maximum amount of cannabis that patients may buy and possess throughout a 14-day period is less than 2.5 ounces. Dispensaries use the state-provided tracking system. Patients may choose a carer or hire a delivery service if they cannot make the purchase themselves.
Patients must pay a 6.6% state tax in addition to an additional 2–3% city-optional charge. Patients in need can receive discounts at several charity dispensaries. So, is weed legal in Arizona?
In Arizona, dispensaries are permitted one retail facility for every ten registered pharmacies. The utilization of a medical marijuana delivery service is an option for patients who are located far from the nearest dispensary. These firms will send medicinal marijuana right to the home of a registered patient or approved carer.
3. In Which Places May One Smoke Marijuana Lawfully?
Is weed legal in Arizona or not? If yes, then where? The usage of medical marijuana is prohibited in public places in Arizona. Parks, hotels, bars, as well as other public places, are all off-limits for smoking.
Marijuana vaporizers are illegal to use in public places. Public marijuana use is considered a minor infraction punishable by a fine but not imprisonment.
Arizona Revised Statute (ARS) 36-601.01 provides the legal definition of “public place” for the purposes of the recreational marijuana statute. This statute outlawed cigarette use in all enclosed public spaces. Put another way, if you fall within this category, you can’t light up in most public places. Hotels and motels have a strict no-weed policy.
No public areas are allowed for the use of cigarettes or marijuana. Tobacco smokers, on the other hand, have greater access to designated smoking areas than cannabis users do.
4. Where Can I Smoke Marijuana Without Getting in Trouble?
Adults and those who need medicinal marijuana may legally use the drug in privacy.
THC use is prohibited in all moving vehicles. The use of alcohol or drugs as a catalyst for driving is likewise illegal.
Nursing homes are free to establish policies regarding their residents’ access to medicinal marijuana.
However, they cannot arbitrarily restrict a patient’s access to medicinal cannabis unless this would violate federal marijuana laws and result in the loss of revenue or licensing opportunities.
5. Possession of Marijuana in Arizona
Underage users of medical marijuana face the same penalties as underage drinkers, including a $300 fine and jail time.
As was previously mentioned, the restriction for those over the age of 21 in Arizona is 1 ounce of flowers or 5 grams of THC concentrate. Possession of between two and four pounds of marijuana is a felony punishable by up to two years in jail.
5.1. Documentation of Medical Marijuana Users
- Patients, including adults and those under 18, must fulfill ADHS’s approval criteria before being included in the medical marijuana register.
- Caregiver designations must be made by the minor’s legal guardian or parent.
- There is no legal need for adults to choose a caretaker, although they are free to do so if they so want.
- A patient may choose a carer to help them with things like getting their medical marijuana delivered, managing their dosage, and growing their own plants.
- According to Arizona marijuana laws, only eligible patients may request a designated carer.
6. In the Office: Marijuana Use and Productivity
Is weed legal in Arizona offices? Yet, there has been no clear legal guidance on workplace marijuana usage in Arizona.
The guidelines your company has on this matter are entirely up to them; they may forbid it, conduct drug tests before and during work, or ignore it and let you lead your life as you see fit.
7. Do Arizonans Have the Right to Grow Up to Six Plants at Home?
The Arizona Smart and Safe Act allow each Arizona citizen to legally cultivate and harvest up to 6 plants for private use, with a cap of 12 plants per home. The strong sun and ideal environment in Arizona are ideal for growing marijuana, and the resulting buds are usually beautiful.
However, there are the best times of year to begin the planting and flowering processes. However, weed plants need a lot of TLC to be healthy and flourishing. In light of this, if you choose to cultivate marijuana for recreational purposes in Arizona, you may do so within these limits.
Is weed legal in Arizona? Can we plant it? Pass over a joint or some cannabis-infused brownies the next time someone inquires whether weed is legal in Arizona, and have a good laugh about how far the state has gone on the issue.
8. Dispensaries That Are Legal in Arizona Marijuana Laws
Tempe, Phoenix, and Tucson are just a few of the main cities in Arizona where adult-use and medical marijuana cardholders may locate approved stores. In addition to in-store purchases, several Arizona dispensaries provide delivery and curb pickup options.
8.1. Eligibility Criteria
In order to register for a registration ID card, patients diagnosed must be at least 18 years old. The following criteria must be met by minors applying for a medicinal cannabis registry identity card:
- The physician has spoken with the person’s legal guardian or parent about the dangers and benefits of medicinal cannabis usage.
- Both the patient’s primary care physician and the patient’s specialist must sign a written certification that must be submitted by the patient’s legal guardian or parent.
- A legal guardian or parent must consent to act as the registered patient’s designated carer and exercise discretion over the patient’s access to, and use of, medicinal cannabis.
8.2. Qualifications for Caregivers
Only a qualified patient may seek to become a designated carer under Arizona law. Caregivers seeking ADHS registration must be at least 21 years old, legally able to work in the United States, and fulfill all other qualifying criteria.
A maximum of five patients may be cared for by one approved carer, each of whom will need to have their own registered identity card.
Volunteers who help patients get and consume medicinal marijuana are entitled to reimbursement for their time and effort.
ADHS honors medicinal marijuana registrations from other states, providing visitors with the same legal protections as locals who are registered in the state.
Patients from outside of Arizona are permitted to possess up to 2.5 ounces of marijuana, but they are prohibited from purchasing from state-licensed dispensaries.
10. Registration Procedure
- Get a doctor who is licensed to practice medicine in Arizona to sign off on your claim of disability. The written certification must be completed on an ADHS-issued form and submitted within 90 days after completing an application for a registry identification card.
- Submit an application to the patient register online.
- Proof of Arizona residence is required in the form of a driver’s license or state ID.
- If you need care, assign a carer.
- Inquire about getting home cultivation approved.
- Get a registration identity card for medicinal marijuana for $150. They must be renewed yearly for $150 before they expire a year from the date of issuance. To avoid having their cards expire without coverage, patients should request renewals at least 30 days in advance.
After receiving an application or renewal that is complete, the department will decide whether to accept or refuse the application or renewal within ten days. Within the first week after approval, a registered identity card is sent out to each participant. The records of any application or renewal are kept in strict confidence.
Is weed legal in Arizona? In the State of Arizona, medical marijuana is legal but less than 2.5 ounces. Only Adults over 21 with a valid state-issued ID can purchase up to 1 ounce of marijuana from a licensed dispensary.
Possessing one ounce or less of marijuana is punishable by a civil fine of $300. It is illegal to possess or use marijuana in any public place in Arizona. It is a petty offense to operate a vehicle or other type of motorized machinery while under the influence of marijuana in Arizona.
Frequently Asked Questions (FAQs)
Q1. Is a medical marijuana card required to enter an Arizona dispensary?
Ans. Dispensaries in Arizona are not legally required to check identification or demand an appointment in order to sell medicinal marijuana, but they are allowed to do so if they want. In order to buy greater than the 1-ounce consumption limit, medical patients will need to present a card or be registered.
Q2. Is weed legal in Arizona?
Ans. Voters in Arizona approved the Smart and Safe Act (also known as Proposition 207) on November 3, 2020, making marijuana usage among those aged 21 and above legal. Legal cannabis sales to adults are not contingent on having a medicinal marijuana card.
Q3. In Arizona, what are the rules regarding marijuana possession?
Ans. Every 14 days, a medical marijuana patient may possess up to 2.5 ounces (70 grams) of cannabis according to their medical condition. Flowers, edibles, tinctures, salves, pills, and ingestion accouterments are all legal.
Q4. When using recreational marijuana for medicinal purposes, what are the laws in Arizona?
Ans. Tobacco and cannabis use is not permitted in any public areas. Patients and adults over the age of 21 are allowed to smoke recreational marijuana in private residences.
Q5. Can I legally possess medicinal marijuana for work purposes in Arizona?
Ans. Employers in Arizona cannot refuse to hire, fire, or otherwise penalize medical marijuana cardholders on the basis of that person’s card status, unless doing so would cause the business to lose federal funding.