[billycw]

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"?

Was it in Az?

[billycw]

Yes in AZ

Then it applies to you.Sorry!

[billycw]

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.

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

[billycw]

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

[Madjag]

From Mark J. Victor, Arizona attorney at law:

https://attorneyforfreedom.com/index....sary-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]

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]

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