"excluded felony offense" on Prop 203

billycw · Mar 2, 2012

I was just wondering if anyone has clarification on this part of prop203 on qualifing to become a caregiver. Prop 203 states as one of the requirements "has not been convicted of an excluded felony offense".
Thought someone with a felony was out until I found this from a law blog-

" “excluded felony offense.” An excluded felony offense is defined as:
(a) A VIOLENT CRIME AS DEFINED IN SECTION 13-901.03, SUBSECTION B, THAT WAS CLASSIFIED AS A FELONY IN THE JURISDICTION WHERE THE PERSON WAS CONVICTED.
(b) A VIOLATION OF A STATE OR FEDERAL CONTROLLED SUBSTANCE LAW THAT WAS CLASSIFIED AS A FELONY IN THE JURISDICTION WHERE THE PERSON WAS CONVICTED BUT DOES NOT INCLUDE:
(i) AN OFFENSE FOR WHICH THE SENTENCE, INCLUDING ANY TERM OF PROBATION, INCARCERATION OR SUPERVISED RELEASE, WAS COMPLETED TEN OR MORE YEARS EARLIER.
(ii) AN OFFENSE INVOLVING CONDUCT THAT WOULD BE IMMUNE FROM ARREST, PROSECUTION OR PENALTY UNDER SECTION 36-2811 EXCEPT THAT THE CONDUCT OCCURRED BEFORE THE EFFECTIVE DATE OF THIS CHAPTER OR WAS PROSECUTED BY AN AUTHORITY OTHER THAN THE STATE OF ARIZONA."

Does this mean if someone had a felony for cultivation pre2010, they can still qualify as a caregiver under "excluded felony offense"?

Fastcast · Mar 2, 2012

Was it in Az?

billycw · Mar 2, 2012

Yes in AZ

Fastcast · Mar 2, 2012

Then it applies to you.Sorry!

billycw · Mar 3, 2012

What about this part

"(ii) AN OFFENSE INVOLVING CONDUCT THAT WOULD BE IMMUNE FROM ARREST, PROSECUTION OR PENALTY UNDER SECTION 36-2811 EXCEPT THAT THE CONDUCT OCCURRED BEFORE THE EFFECTIVE DATE OF THIS CHAPTER"

Cultivation is immune (within limits) now under section 36-2811 and the conduct occured before effective date right?
If you say got poped in cali would it apply because it was a state other than AZ? I hate leganise.

Fastcast · Mar 3, 2012

If another state,then it works for you.Time frame?

billycw · Mar 3, 2012

Thanks fastcast, good to know. I appreciate your answering. I still have a couple years till I'm golden. Thanks

Madjag · May 10, 2012

Excluded Felony explanation

Excluded Felony explanation

From Mark J. Victor, Arizona attorney at law:

http://attorneyforfreedom.com/index...al-marijuana-az-prop-203-dispensary-agent.htm

Arizona Proposition 203 - Medical Marijuana
Dispensary Agent

A dispensary must apply for a Registry ID Card for all persons volunteering or working at the dispensary. All persons volunteering or working at a dispensary must possess a Registry ID Card. A dispensary must notify ADHS within 10 days after a dispensary agent ceases to volunteer or be employed by the dispensary. The card will contain the dispensary agent’s name, address, and date of birth, and the legal name of the dispensary with which the agent is affiliated. ADHS is authorized to require a photograph of the dispensary agent on the Registry ID Card..

A dispensary agent cannot have been convicted of an excluded felony offense. An excluded felony offense means:

A violent crime as defined in ARS § 13-901.03 that was classified as a felony in the jurisdiction where the person was convicted.
A violation of a State or Federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted, but excluding
an offense for which the sentence was completed 10 or more years prior.
An offense involving conduct that would have been legal under the Arizona Medical Marijuana Law.

If your Felony was over ten years ago and it was not for a viloent crime, you're cool and good to go.

billycw · May 16, 2012

An offense involving conduct that would have been legal under the Arizona Medical Marijuana Law.

Thanks Madjag- this is the sentence I was wondering about as its still a little to fresh for the 10 year rule to work. I was charged with cultivation so under AZMML I would have been legal. This sentence is written in such a veage after thought way I cant tell if it applies to me or not.

kal el · May 17, 2012

I am pretty sure it does from what other guys have been saying.

Madjag · May 17, 2012

10 years is the line.

ItsjustaplantAZ · Sep 5, 2013

billycw said:
Thanks Madjag- this is the sentence I was wondering about as its still a little to fresh for the 10 year rule to work. I was charged with cultivation so under AZMML I would have been legal. This sentence is written in such a veage after thought way I cant tell if it applies to me or not.

I was charged with possession , production, & sales of marijuana. However was only convicted of a class 6 felony for drug paraphernalia. I am wanting to get my medical card as well as caregiver card. Is this still a possibility for me in the state of Arizona?? Can anyone let me know??

Madjag · Sep 5, 2013

ItsjustaplantAZ said:
I was charged with possession , production, & sales of marijuana. However was only convicted of a class 6 felony for drug paraphernalia. I am wanting to get my medical card as well as caregiver card. Is this still a possibility for me in the state of Arizona?? Can anyone let me know??

++++++++++++++++********************+++++++++++++++

As long as it was a non-violent Felony and was completed over 10 years ago you are good to go.

I know for a fact because I have a similar background experience and I have an AZ MM card.

gaiusmarius · Sep 5, 2013

if you were convicted of something that you'd be allowed to do now under the mj law, then you are good. it's written pretty clearly imo.

JT McNutty · Sep 5, 2013

Ah the Internet lawyers come out. The best thing to do is go to a lawyer, pay the couple hundred dollars at most and let him figure it out. I don't know how AZ works, but if they don't charge you to apply for a caregiver card,try to get one.

gaiusmarius · Sep 5, 2013

just saying what it says in the quoted bit and in the quote explaining the quoted bit. but yeah before you make a move go see a lawyer, or at least email one for an opinion. but unless those words all have very different meanings in law then in english i'd say my comprehension of it is right.

Madjag · Sep 5, 2013

Billy,

Just call the State Dept of health and ask them plain out. If you're concerned, call from a payphone.

I have called several times with questions concerning the 25-mile rule and previous Felony questions and received accurate answers on the spot.

I am not a caregiver, however the same basic info applies to merely getting your card, too.

the.rollie · Dec 17, 2014

question about Excluded felony offense prop 203 AZ

question about Excluded felony offense prop 203 AZ

have upcoming court proceedings for possession of paraphernalia, if found guilty will this affect status of eligibility for medical card?

or if a case gets processed and goes to court AFTER I get my card what can happen? card get revoked? case be handled differently?

Clyde26 · Mar 18, 2016

Referring to the initial question, with one of my own: does this law apply to someone looking to recieve the medical marijuana card?, or just to caregivers and dispensary owners?
I am currently going to court for violent offenses involving a weapon (not yet convicted) and was wondering if the law would prevent me from recieving my card. Or if my card would be revoked once convicted.
Thank you for the imput

Clyde26 · Mar 18, 2016

Information

Information

Billy,

Just call the State Dept of health and ask them plain out. If you're concerned, call from a payphone.

I have called several times with questions concerning the 25-mile rule and previous Felony questions and received accurate answers on the spot.

I am not a caregiver, however the same basic info applies to merely getting your card, too.[/QUOTE]

-------Where did you find your information? Im in a legal baytle for violent felonies. Would like to do more research but im having a hard time finding sources.

"excluded felony offense" on Prop 203

Active member

Fastcast

Active member

Fastcast

Active member

Fastcast

Active member

Active member

Active member

Member

Active member

New member

Active member

me

New member

me

Active member

New member

New member

New member