Arizona Laws

[glasspackedbowl]

In case you dont know. MMJ is legal with a prescription. But under federal law doc's cant prescribe MJ. So its as legal as Cali is but since they used the word "prescription" in az instead of "recommendation" like in all other states. But this winter in the 2008 ballot they{marijuana policy project mmp.org}

Hello I am very ill with IBS, I have issues with stomach pain,
anxiety, loss of appetite, and nausea. I would greatly benefit from
having MMJ in arizona. If theres anything that can be done let me
know. LTr

Thank you for getting in touch. I am terribly sorry to hear of your health difficulties. It's stories like yours that make MPP committed to passing a humane medical marijuana law in Arizona. We are still in the preliminary stages of this process, but we would welcome any help you could provide as we move forward.

There will not be anything to do until the campaign gets started,
hopefully in early December. I will send you some information about
what you can do to help in a few weeks.

Thanks again for your support!

Heather
Campaigns Analyst
Marijuana Policy Project

At 10questionDOTcom they are asking all presidential candidates how they feel about medical MJ.

 

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so i just had a friend that moved to AZ & just today he was asking me if i knew the laws there on growing. whats the maximum amount of plants allowed to grow?
so is it illegal or is it the same as CA? he lives in kingman county any info would be greatly appreciated.

 

[glasspackedbowl]

its illegal

Possession
less than 2 lbs misdemeanor or felony 6 months - 1.5 years $750 - $150,000
2 lbs to 4 lbs misdemeanor or felony 9 months - 2 years $750 - $150,000
4 lbs or more felony 1.5 - 3 years $750 - $150,000
Near school or bus felony additional 1 year additional $2000
Probation eligibility for first and second conviction with drug treatment and testing (exception with medical prescription)
Cultivation
Less than 2 lbs misdemeanor or felony 9 months - 2 years $750 - $150,000
2 lbs to 4 lbs felony 1.5 - 3 years $750 - $150,000
4 lbs or more felony 2.5 – 7 years $750 - $150,000
Possession for Sale
Less than 2 lbs felony 1.5 - 3 years $750 - $150,000
2 lbs to 4 lbs felony
2.5 – 7 years
$750 - $150,000
4 lbs or more felony
4 - 10 years
$750 - $150,000
Sale or Delivery for Sale
Less than 2 lbs felony 2.5 – 7 years $750 - $150,000
2 lbs or more felony
4 - 10 years
$750 - $150,000
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc... )
Paraphernalia possession and sale misdemeanor or felony 6 months - 1.5 years up to $150,000
Details

The possession of marijuana is a criminal offense. For possession of an amount less than two pounds the sentence can range from 6 mos. - 1.5 years and a fine of $750 - $150,000. Possession of two or more pounds but less than four pounds is punishable by 9 mos. - 2 years in jail and a fine of $750 - $150,000. Possession of four pounds or more is punishable by 1.5 - 3 years in prison and a fine of $750 - $150,000.

Any person convicted of personal possession or use of marijuana is eligible for probation. The court is required to suspend the imposition or execution of the sentence. The person on probation is required to participate in an appropriate drug treatment or education program and may be required to attend a more stringent treatment program for a second offense. Persons convicted of a third or subsequent offense are not eligible for probation. Persons on probation must also submit to urine drug tests as a condition of their probation with the only exception being made for those who use marijuana under a prescription.

The penalties of possession for sale of less than two pounds of marijuana are 1.5 - 3 years in prison and a $750 - $150,000 fine. For amounts of less than four pounds, the penalties increase to 2.5 - 7 years in prison and a $750 - $150,000 fine. Possession for sale of four pounds or more is punishable by 4 - 10 years in prison and a $750 - $150,000 fine.

Production or cultivation of less than two pounds of marijuana is punishable by 9 mos. - 2 years in jail and a $750 - $150,000 fine. For less than four pounds, the penalties increase to 1.5 - 3 years in prison and a $750 - $150,000 fine. Production of cultivation of four pounds or more is punishable by 2.5 - 7 years in prison and a $750 - $150,000 fine.

Sale or delivery for sale of less than two pounds of marijuana is punishable by 2.5 - 7 years in prison and a fine of $750 - $150,000. Sale or delivery of two pounds or more is punishable by 4 -10 years in prison and a fine of $750 - $150,000.

Possession or sale within 300 feet of a school, on any public property within 1000 feet of any school, at any school bus stop or on any bus transporting pupils to or from school adds an additional one year to the sentence and requires a minimum fine of $2,000.

Possession and sale of paraphernalia is punishable by 6 mos - 1.5 years in jail and a fine of up to $150,000

 

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i know it illegal by fedral law but i was wondering if they past the medical under state law to posses & grow. i think it was prop 200 or 203. or is this the info you just gave me its still illegal & thats it.

 

[glasspackedbowl]

no thats state law. With prescription its legal and by federal law its illegal for doc's to write a script for it but it is legal to get doc to write you a script for marinol which is all thats legal by the way votes passes the bill. its retarted i know that what this thread is for.

 

[Dignan]

Regardless of the legal gymnastics that may exist, I can assure you it's very illegal here in Arizona. This state is as red as red can be and they don't take kindly to tokers, dealers or growers.

 

[glasspackedbowl]

PROPOSITION 203
DRUG MEDICALIZATION, PREVENTION AND CONTROL ACT OF 2002
ANALYSIS BY LEGISLATIVE COUNCIL
In 1996, the voters passed the Drug Medicalization, Prevention and Control Act of 1996.
The Act allowed medical doctors to prescribe certain controlled substances to treat diseases or to
relieve the symptoms of seriously ill or terminally ill patients. Along with other provisions, the
Act modified probation, sentencing and treatment laws for drug offenders.
Proposition 203 would decriminalize the possession of two ounces or less of marijuana,
marijuana drug paraphernalia or two or fewer marijuana plants if the possession is for personal
use only but would subject the possessor to a civil fine of $250 for a first or second offense or
$750 for a third or subsequent offense within a two year period. A judge could waive the civil
fine if the person completes a court approved drug education program.
Proposition 203 requires the Department of Public Safety to provide not more than two
ounces of marijuana free of charge to each person who is qualified to use marijuana for medical
purposes.
This proposition would require any law enforcement agency that seizes marijuana that
was grown, cultivated or produced in Arizona to retain the marijuana and forward it to the
Arizona Department of Public Safety. It also would require the Director of the Department of
Public Safety to request from the National Institute on Drug Abuse and the University of
Mississippi quarterly shipments of marijuana grown at the University of Mississippi for
distribution free of charge by the Department to all persons qualified to use marijuana for
medical purposes.
The Department of Public Safety would be required to maintain marijuana that is seized
and that is grown, cultivated or produced in Arizona in secure locations within public buildings
located in at least the three most populous counties, and the Department would be required to
disclose the location of these public buildings. The distribution to qualified persons would be
limited to not more than two ounces of marijuana within a thirty day period. In addition, the
proposition would establish criminal penalties for any person who uses or attempts to use false
identification and for any person who possesses, uses, sells, delivers or transports marijuana
outside Arizona or delivers the marijuana to another person who intends to possess, sell, deliver
or transport the marijuana outside Arizona.
Proposition 203 also would require the Arizona Department of Health Services to
establish and maintain a program for the issuance of registry identification cards to any Arizona
resident who is at least eighteen years of age, who pays a fee of $50 and who provides written
documentation from the person's attending physician that the person has been diagnosed with a
debilitating medical condition and that the medical use of marijuana may mitigate the symptoms
or effects of the person's condition. If the person designates a primary caregiver and the
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caregiver meets certain requirements, the caregiver also would be eligible to receive a registry
identification card. A cardholder would be entitled to possess, use or produce two ounces of
marijuana and two marijuana plants, and the cardholder's designated primary caregiver would be
entitled to possess or produce two ounces of marijuana and two marijuana plants. The registry
identification card program also includes the following provisions:
· Under certain conditions, the Department of Health Services would be allowed to
issue a registry identification card to a person who is less than eighteen years of age if
the person's custodial parent or legal guardian consents to the medical use of
marijuana by that person.
· The Department also would be allowed to deny an application for a registry
identification card if the applicant fails to provide the necessary information or the
Department determines that the information provided is false.
· Intentionally providing false information to the Department for purposes of obtaining
a registry identification card would be punishable as a class 4 felony.
· A cardholder and the cardholder's designated primary caregiver would be required to
return their registry identification cards to the Department if the cardholder's
attending physician determines that the cardholder no longer has a debilitating
medical condition or if the cardholder no longer resides in Arizona.
· Any person who possesses a registry identification card would have to notify the
Department of any change in the person's name, address, attending physician or
designated primary caregiver and annually submit to the Department updated written
documentation of the person's debilitating medical condition and name of the person's
designated primary caregiver for the upcoming year.
Proposition 203 defines "debilitating medical condition" to mean cancer, glaucoma,
positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or
treatment for these conditions; a medical condition or treatment for a medical condition that
produces, for a specific patient, one or more of the following: (i) cachexia; (ii) severe pain; (iii)
severe nausea; (iv) seizures, including but not limited to seizures caused by epilepsy; or (v)
persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis; or
any other medical condition or treatment for a medical condition adopted by the Department by
rule or approved by the Department pursuant to a petition submitted pursuant to Arizona Revised
Statute section 36-2611.
Proposition 203 would increase the maximum sentence by fifty percent for any person
who is convicted of intentionally and knowingly committing a violent crime while under the
influence of a controlled substance and would abolish the minimum mandatory sentence or fine
for any conviction of certain drug offenses.
Proposition 203 would require probation on conviction of a first or second offense
involving the personal possession or use of paraphernalia associated with possession or use of a
controlled substance and prohibit the court from imposing a term of incarceration in prison or jail
as a condition of probation. It would subject to incarceration persons who are convicted of three
or more offenses involving personal possession or use of a controlled substance or paraphernalia
associated with possession or use of a controlled substance. For purposes of determining
whether or not a person is eligible for probation or incarceration, a court could not consider a
3
prior conviction for personal possession or use of a controlled substance or personal possession
or use of drug paraphernalia associated with possession or use of a controlled substance if the
person has completed a court ordered drug treatment or education program for that prior
conviction. Proposition 203 also specifies that any drug treatment for a person with a history of
opiod use must include an assessment by a professional who is qualified in the use of narcotic
replacement treatment and, if medically necessary, must include use of narcotic replacement
therapy, such as methadone maintenance.
Proposition 203 provides that even if a person does not possess a registry identification
card, the person would have an affirmative defense to a criminal charge of possession, usage or
production of marijuana if the person charged has been diagnosed with a debilitating medical
condition, has been advised by an attending physician that the medical use of marijuana may
mitigate the symptoms or effects, is engaged in the medical use of marijuana and possesses or
produces not more than two ounces of marijuana and two marijuana plants. If the person
possesses or produces more than these amounts, the person could also assert the affirmative
defense but would have to prove that the greater amount is medically necessary as determined by
the person's attending physician.
Proposition 203 would also require parole or community supervision for prisoners who
have been convicted of personal possession or use of a controlled substance and who are not
concurrently serving another sentence, unless the Board of Executive Clemency determines that
a prisoner would be a danger to the public. These prisoners would be required to participate in
and, to the extent they are able, pay for a drug treatment or education program as a condition of
parole or community supervision.
Proposition 203 specifies that property seized in relation to a drug offense may not be
forfeited unless the owner of the property is convicted of the drug offense and the court finds by
clear and convincing evidence that either the property was instrumental in committing or
facilitating the offense or was the proceeds of the offense.

 

[glasspackedbowl]

Arizona Legislature adjourns; medical marijuana patients still criminalized
Last update: June 26, 2007

The Arizona Legislature has adjourned for the 2007 session. Sadly, seriously ill Arizona residents continue to be treated as criminals for using their medicine. Even worse, not a single legislator had the courage to introduce a bill to protect seriously ill patients.

This is especially disappointing since Arizonans clearly believe that seriously ill patients should not face arrest or prosecution for using their doctor-recommended medicine: In 1996, 65% of Arizona voters supported the medical marijuana initiative. Unfortunately, the initiative was flawed in that it allowed patients to use medical marijuana only with their doctors' "prescriptions." It is against federal law for a doctor to "prescribe" marijuana. A doctor can, however, "recommend" marijuana. An effective medical marijuana law, therefore, must provide for physician recommendations rather than "prescriptions." The "recommend" language is working well in 11 states, including neighboring Nevada and California, and New Mexico also has a new law utilizing that approach.

Please take a moment to contact your legislator and urge him or her to introduce an effective medical marijuana bill next session, so that seriously ill Arizonans can get the relief they need and deserve.

Because the legislature has continued to ignore the will of Arizona voters, MPP is currently considering placing a medical marijuana initiative on the November 2008 ballot, which would create an effective medical marijuana law in Arizona.

During the 2007 legislative session, multiple bills were introduced that would have severely restricted voters' ability to place initiatives on the ballot. Collectively, these bills represented an attack that would have severely crippled the longstanding right of Arizonans to change laws through direct action and made it much more difficult to place a medical marijuana initiative on the ballot in 2008. Fortunately, the legislature did not pass any of these bills.

If you are, or you know, a patient who might benefit from medical marijuana, or a supportive medical professional, social service worker, law enforcement officer, or clergy member, we would like to hear from you. Please contact MPP legislative analyst Zane Hurst at (202) 462-5747, ext. 119, or at Zane@mpp.org.

We encourage you to browse our Web site to see some of the other projects MPP is currently pursuing. Visit www.mpp.org/2007plan to read about MPP's broader goals for the year and www.mpp.org/faq for basic answers about MPP and marijuana policy reform. Finally, you can download a copy of our extensive state-by-state guide to medical marijuana laws at www.mpp.org/statelaw.

To stay updated on the status of marijuana policy reform in Arizona, be sure to subscribe to MPP's free legislative alert service by clicking here, if you haven't done so already.

 

[glasspackedbowl]

Game Show Host Drew Carey Marijuana Video Touts Medical Use

Josh Hart
November 4, 2007
National Ledger

It isn't exactly like game show icon Bob Barker's "spay and neuter your pets" but Drew Carey, the new host of the "The Price is Right" has certainly found a cause. Many won't be happy with it while others will embrace the comedian. His wish will certainly be a turn off to some viewers of the show — Drew wants medical marijuana to be legal.

"I think it's clear by now that the federal government needs to reclassify marijuana. People who need it should be able to get it — safely and easily,” says The Price Is Right and Power of 10 host Drew Carey in a new Reason.tv video examining medical marijuana and the war on drugs.

You gotta love those Libertarians. "Smell that smell," the comedian says as he walks into a Los Angeles medical-marijuana dispensary. "That's the smell of freedom." The video is one of 20 that Carey, 49, will host for the Reason Foundation, a nonprofit educational group.

The DEA is ignoring a large and growing body of evidence and needs to reschedule marijuana, said Reason President David Nott. Cancer patients, HIV and AIDS patients, and millions of sick Americans deserve access to the drugs that ease their pain and suffering, and Congress can and should facilitate that. reason.tv/video/show/57.html

 

[Dignan]

what u wrote says its its illegal and that the pill form is legal learn to read

glasspackedbowl-

1. What are you attempting to say?
2. Why can't you say it in english?
3. Why did you have to send this to me privately instead of saying it here in the appropriate thread?
4. Why did you give me positive rep for needing to "learn to read"?

Dignan

 

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wow thats alot of info thanx i'll let him know