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Arizona Revised Statutes Section 36-2812 -Affirmative defense

stickydank

Member
Grow now without a card AZADHS Doesnt want you to know about this they even left it of on There site so no one can see the truth FUUU YOU ADHS
:moon:


A. Except as provided in section 36-2802, 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:

1. 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.

2. 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.

3. All marijuana plants were contained in an enclosed locked facility.

4. The qualifying patient and the qualifying patient’s designated caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use or transportation of marijuana, paraphernalia or both, relating to the administration of marijuana solely to treat or alleviate the qualifying patient’s debilitating medical condition or symptoms associated with the qualifying patient’s debilitating medical condition.

B. A person may assert the medical purpose for using marijuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (A).

C. If a qualifying patient or a qualifying patient’s designated caregiver demonstrate the qualifying patient’s medical purpose for using marijuana pursuant to this section, the qualifying patient and the qualifying patient’s designated caregiver shall not be subject to the following for the qualifying patient’s medical use of marijuana:

1. Disciplinary action by a court or occupational or professional licensing board or bureau.

2. Forfeiture of any interest in or right to non-marijuana, licit property.
 

stickydank

Member
ADHS Left this off the states Medical marijuana Arizona Statutes page of the mmj ARS 36;28 chapter 12 they skip 11 too 13 and leave 12 out on purpose!!!!!
Affirmative Defense Out they should be sued for misinformation the Public
Says " Qualifying Patient " Not a registered or qualified patient but just a qualifying one
We can grow without a state card NOW!!!!!
I'm here to help us all
Peace stickydank
 

stickydank

Member
Every knee

Every knee

Bump: This is important Grasp the Power

Over Grow! Over Growers!!!!!!!! :woohoo: It's my full belief : its my religious right to use this Gen 1 29 Yahu Said “I give you every seed-bearing plant on the face of the whole earth and every tree that has fruit with seed in it. They will be yours for food."
 

stickydank

Member
13. "QUALIFYING PATIENT" MEANS A PERSON WHO HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING A DEBILITATING MEDICAL CONDITION


36-2812. Affirmative defense
. EXCEPT AS PROVIDED IN SECTION 36-2802, 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:
1. 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.
2. 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.
3. ALL MARIJUANA PLANTS WERE CONTAINED IN AN ENCLOSED LOCKED FACILITY.
4. THE QUALIFYING PATIENT AND THE QUALIFYING PATIENT’S DESIGNATED CAREGIVER, IF ANY, WERE ENGAGED IN THE ACQUISITION, POSSESSION, CULTIVATION, MANUFACTURE, USE OR TRANSPORTATION OF MARIJUANA, PARAPHERNALIA OR BOTH, RELATING TO THE ADMINISTRATION OF MARIJUANA SOLELY TO TREAT OR ALLEVIATE THE QUALIFYING PATIENT’S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENT’S DEBILITATING MEDICAL CONDITION.
B. A PERSON MAY ASSERT THE MEDICAL PURPOSE FOR USING MARIJUANA IN A MOTION TO DISMISS, AND THE CHARGES SHALL BE DISMISSED FOLLOWING AN EVIDENTIARY HEARING WHERE THE PERSON SHOWS THE ELEMENTS LISTED IN SUBSECTION (A).
C. IF A QUALIFYING PATIENT OR A QUALIFYING PATIENT’S DESIGNATED CAREGIVER DEMONSTRATE THE QUALIFYING PATIENT’S MEDICAL PURPOSE FOR USING MARIJUANA PURSUANT TO THIS SECTION, THE QUALIFYING PATIENT AND THE QUALIFYING PATIENT’S DESIGNATED CAREGIVER SHALL NOT BE SUBJECT TO THE FOLLOWING FOR THE QUALIFYING PATIENT’S MEDICAL USE OF MARIJUANA:
1. DISCIPLINARY ACTION BY A COURT OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR BUREAU.
2. FORFEITURE OF ANY INTEREST IN OR RIGHT TO NON-MARIJUANA, LICIT PROPERTY.


Futhermore 36 2812 just says we can grow A QUANTITY OF MARIJUANA THAT WAS NOT MORE THAN WAS REASONABLY NECESSARY TO ENSURE THE UNINTERRUPTED AVAILABILITY OF MARIJUANA that means what ever we need to be able to have a endless supply
 

Treetroit City

Moderately Super
Veteran
Great in theory. Now good luck getting judges to accept it.

MI has the same thing but no one has succeeded in using it.

Edit: If you have a couple hundred thousand dollars to take it to the state supreme court you may be okay.
 

stickydank

Member
well the laws on the books
a meeting in 2012 with Will H the state and the board from mmp. Now there were plenty of the states lawyers to correct the right to grow without a card, but none objected to this separate rule in the same law. This is the exact reason the states Deception&avoiding the truth. State Hides Chapter 12 If they HIDE IT IT MUST BE A FACT ,THEY ARE AFRAID Hmmm NOBODYS GOING TO BUY THE CARD ...Well Suck on IT
the truth is... the states card has nothing to do with 36-2812.. And so the state hides the truth from the public on their OWN Site ADHS
Arizona Pateints Have power to grow and their caregivers can grow for them as well..
Arizona State Health Dept. IS WRONG TOO Remove parts of the law they dont want the public voters to know about!!!!!!!!!!!!

I took this off this page from http://www.azdhs.gov/medicalmarijuana/rules/
AZ Statutes Governing the Arizona Medical Marijuana Program

The Arizona Revised Statutes (A.R.S.) represent the statutory laws of the state of Arizona. The A.R.S. and the Arizona Medical Marijuana Rules each contain requirements applicable to the Arizona Medical Marijuana Program. Accordingly, to fully understand all the requirements applicable to the Arizona Medical Marijuana Program, the A.R.S. and the Arizona Medical Marijuana Rules should be read in conjunction with each other.
The STATE IS HIDING THE Truth no Chapter 12
A.R.S. Title 36
CHAPTER 28.1 ARIZONA MEDICAL MARIJUANA ACT
36-2801 Definitions
36-2801.01 Addition of debilitating medical conditions
36-2802 Arizona Medical Marijuana Act; limitations
36-2803 Rulemaking
36-2804 Registration and certification of nonprofit medical marijuana dispensaries
36-2804.01 Registration of nonprofit medical marijuana dispensary agents; notices; civil penalty; classification
36-2804.02 Registration of qualifying patients and designated caregivers
36-2804.03 Issuance of registry identification cards
36-2804.04 Registry identification cards
36-2804.05 Denial of registry identification card
36-2804.06 Expiration and renewal of registry identification cards and registration certificates; replacement
36-2805 Facility restrictions
36-2806 Registered nonprofit medical marijuana dispensaries; requirements
36-2806.01 Dispensary locations
36-2806.02 Dispensing marijuana for medical use
36-2807 Verification system
36-2808 Notifications to department; civil penalty
36-2809 Annual report
36-2810 Confidentiality
36-2811 Presumption of medical use of marijuana; protections; civil penalty
<------- Here its gone see for yourself Arizona State Health Dept. Should'nt be Hiding the Laws From THE Poeple who voted it law
36-2813 Discrimination prohibited
36-2814 Acts not required; acts not prohibited
36-2815 Revocation
36-2816 Violations; civil penalty; classification
36-2817 Medical marijuana fund; private donations
36-2818 Enforcement of this act; mandamus
36-2819 Fingerprinting requirements
Note: Information provided in PDF files, unless otherwise indicated.
ARS 36 28 12 Is LAW And the states Hoping stupid MMJ pateints cant read or understand that they took it out off the site Ive been telling ppls about this since 2011 The state knows and HIDES the whole law
 
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stickydank

Member
Can't afford the price of 2 1/2 OZ OR Grow your own to save You or A Child from

Can't afford the price of 2 1/2 OZ OR Grow your own to save You or A Child from

Yes I know of alot :comfort:
 

623JR

New member
Yeah but it sounds like you're out of the general metro area, I am in Phoenix and it just feels to risky, which is stupid, I shouldn't be scared to have my own meds.
 

stickydank

Member
Well your right .DAMN it, I'd get a tent grow lights fans ph test strips
run the exhaust outside and get on with my life.
Peace K+
 

stickydank

Member
Arizona's "rule of lenity" requires that if a law has more than one interpretation, the one more lenient to the defendant must be applied.
 
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