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| Forums > IC Magazine > USA Cannabis Scene: State By State > Arizona > Arizona Revised Statutes Section 36-2812 -Affirmative defense | ||
| Arizona Revised Statutes Section 36-2812 -Affirmative defense | Thread Tools |
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Member
Join Date: Aug 2012
Location: Arizona 7000ft elv.
Posts: 201
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Arizona Revised Statutes Section 36-2812 -Affirmative defense
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
![]() 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.
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Over Grow! Over Growers!!!!!!!! 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." and I have the Munchies TOO! ![]() __________________ My old OverGrow lowest cost mylar trick https://www.icmag.com/modules/Tutori...hting/1236.htm My old overgrow cheap Co2 mix https://www.icmag.com/modules/Tutori...arted/1177.htm |
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1 members found this post helpful. |
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#2 |
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Member
Join Date: Aug 2012
Location: Arizona 7000ft elv.
Posts: 201
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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
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Over Grow! Over Growers!!!!!!!! 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." and I have the Munchies TOO! ![]() __________________ My old OverGrow lowest cost mylar trick https://www.icmag.com/modules/Tutori...hting/1236.htm My old overgrow cheap Co2 mix https://www.icmag.com/modules/Tutori...arted/1177.htm |
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#3 |
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Member
Join Date: Aug 2012
Location: Arizona 7000ft elv.
Posts: 201
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Every knee
Bump: This is important Grasp the Power
Over Grow! Over Growers!!!!!!!! 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."
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Over Grow! Over Growers!!!!!!!! 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." and I have the Munchies TOO! ![]() __________________ My old OverGrow lowest cost mylar trick https://www.icmag.com/modules/Tutori...hting/1236.htm My old overgrow cheap Co2 mix https://www.icmag.com/modules/Tutori...arted/1177.htm |
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#4 |
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Newbie
Join Date: Mar 2013
Posts: 3
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So, is this for real or what? Does this apply to patients with a card as well?
Man, fuck the 25 mile rule. |
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#5 |
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Member
Join Date: Aug 2012
Location: Arizona 7000ft elv.
Posts: 201
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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
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Over Grow! Over Growers!!!!!!!! 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." and I have the Munchies TOO! ![]() __________________ My old OverGrow lowest cost mylar trick https://www.icmag.com/modules/Tutori...hting/1236.htm My old overgrow cheap Co2 mix https://www.icmag.com/modules/Tutori...arted/1177.htm |
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#6 |
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Member
Join Date: Aug 2012
Location: Arizona 7000ft elv.
Posts: 201
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36-2812. Affirmative defense and the card are two separate rules The state
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Over Grow! Over Growers!!!!!!!! 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." and I have the Munchies TOO! ![]() __________________ My old OverGrow lowest cost mylar trick https://www.icmag.com/modules/Tutori...hting/1236.htm My old overgrow cheap Co2 mix https://www.icmag.com/modules/Tutori...arted/1177.htm |
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#7 |
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Moderately Super
Join Date: Jan 2010
Location: Chillin on sesame street puffin a 10th letter
Posts: 8,314
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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. |
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#8 |
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Member
Join Date: Aug 2012
Location: Arizona 7000ft elv.
Posts: 201
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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 https://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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Over Grow! Over Growers!!!!!!!! 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." and I have the Munchies TOO! ![]() __________________ My old OverGrow lowest cost mylar trick https://www.icmag.com/modules/Tutori...hting/1236.htm My old overgrow cheap Co2 mix https://www.icmag.com/modules/Tutori...arted/1177.htm Last edited by stickydank; 01-15-2015 at 12:01 AM.. |
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#9 |
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Newbie
Join Date: Oct 2014
Posts: 8
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Anyone really going to risk it based on assumptions?
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#10 |
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Member
Join Date: Aug 2012
Location: Arizona 7000ft elv.
Posts: 201
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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
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Over Grow! Over Growers!!!!!!!! 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." and I have the Munchies TOO! ![]() __________________ My old OverGrow lowest cost mylar trick https://www.icmag.com/modules/Tutori...hting/1236.htm My old overgrow cheap Co2 mix https://www.icmag.com/modules/Tutori...arted/1177.htm |
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