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Arizona marijuana laws: 13 things you need to know

Kaila White , The Republic | azcentral.com Published 9:17 a.m. MT Dec. 14, 2015

There are many myths about use and possession of marijuana and medical marijuana in Arizona. Here's what you need to know about what is and isn't allowed, and the legal consequences.

Is marijuana legal in Arizona?

In Arizona, marijuana is legal for medicinal purposes but not for recreational use.

Arizona voters passed the Arizona Medical Marijuana Act in 2010, legalizing medical marijuana, but rejected Proposition 205 in November, which sought to legalize marijuana for recreational use for people 21 and older.

How many people use medical marijuana in Arizona?

There were more than 120,000 active cardholders in Arizona in January 2017, according to a report from the Arizona Department of Health Services,

Of the more than 116,000 who are qualified patients (as opposed to caregivers or dispensary agents), more men than women are cardholders, and nearly half are 18 to 40 years old.

How can I get a medical-marijuana card as a patient in Arizona?

Adults interested in becoming medical-marijuana patients can find information at azdhs.gov/licensing/medical-marijuana and apply online at medicalmarijuana.azdhs.gov.

People interested in applying for a medical-marijuana card must print out the Medical Marijuana Physician Certification form and bring it to a doctor, who will confirm the patient has a qualifying medical condition and recommend marijuana as treatment.

The cost to apply is $150, or $75 for people who are eligible for the Supplemental Nutrition Assistance Program. [SNAP or Supplemental Nutrition Assistance Program is a big word for Food Stamps. If you get Food Stamps you can get your card for $75, which is still a rip off compared to the $150 rip off price for normal people]

Patients under 18 years old must have a custodial parent or legal guardian designated as their caregiver, and they must apply together online.

What medical conditions qualify a patient for medical marijuana in Arizona?

“Severe and chronic pain,” which includes migraine headaches and back pain, is patients' most-cited debilitating condition and affected almost 82 percent of cardholders as of January. An additional 9.3 percent of patients cited two or more conditions. [Oddly, Will Humble, the former head of DHS or the Arizona Department of Health Services, has lied a number of times and said migraine headaches don't qualify for a medical marijuana card. But they do as this article says]

The next most-cited condition is cancer, which affects 2.8 percent of patients, followed by post-traumatic stress disorder, which affects 1.3 percent of patients. Click here to see a full list of qualifying conditions.

Can I be fired for using or possessing medical marijuana legally? [Legally no, but Prop 203 is a toothless law, and if you are fired, there isn't much you can do.]

A patient can be fired if he or she is in possession or under the influence of marijuana at the workplace.

It is illegal for an employer to take adverse action against an employee because of cardholder status or a positive test for the presence of marijuana, unless the employer would lose federal funding or licensing for not taking action. It does happen but often never makes it to court, according to marijuana lawyer Thomas Dean.

"It is usually fairly clear when an employer takes adverse action because it is in response to a positive test or, in the case of refusals-to-hire, often the person is told that they are hired and all that remains is to get the results of the drug test back. Then, as soon as the results are in, the employer reverses its decision," Dean said.

"As a practical matter, however, these lawsuits can take time and be costly. Many attorneys are hesitant to take on a case that will be expensive to litigate if the damages are not substantial. That's why most people end up not filing suit. They may, however, choose to seek unemployment insurance benefits." [So While Prop 203 says you can't be fired for being a medical marijuana patient, companies will illegally fire you for being a medical marijuana patient and there isn't much the law will do about it]

Can I get a DUI after using medical marijuana?

Yes. The Arizona Supreme Court ruled in 2015 that the state's medical-marijuana law doesn't give drivers immunity from prosecution if they test positive for marijuana or its metabolites, which remain in the body even after the person is no longer impaired.

However, an Arizona court ruling in December says medical-marijuana cardholders accused of driving under the influence have options for showing in court that there wasn’t enough marijuana compound in their bodies to cause impairment.

The ruling says defendants can do that through cross-examination of prosecution witnesses or by providing their own testimony and evidence on whether they were impaired.

Can I use or possess medical marijuana on a college campus?

No. Arizona is the only state in the U.S. where medical marijuana is legal while being illegal on college campuses, due to a 2012 revision of the Arizona Medical Marijuana Act known as the "campus-ban statute." [See this article. - I think marijuana lawyer Tom Dean is appealing this case to the Arizona Supreme Court hoping to get the law declared unconstitutional. In this case Andre Maestas an ASU student was arrested for having medical marijuana on campus]

Cardholders also can’t have it on a school bus, on the grounds of a preschool, primary school or high school, or in a correctional facility, and can’t smoke it on public transportation or in a public place.

Is the smell of marijuana enough for police to search me or my property?

The Arizona Supreme Court ruled in 2016 that police can still use the odor of marijuana as probable cause to search a car or a premises, despite medical-marijuana laws.

However, a search can lose its legal foundation if authorities have indications the suspected marijuana use or possession is legal under the medical-marijuana law.

Can I use medical marijuana and own a gun?

“Medical-marijuana users in Arizona are sort of in the same position in regard to guns as they are to marijuana,” attorney Logan Elia said.

Under federal law, anyone who uses marijuana is prohibited from possessing firearms or ammunition due to the federal Gun Control Act of 1968.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives wrote an open letter to gun dealers in 2011, instructing them not to issue guns to people who have a medical-marijuana card.

However, Arizona law does not prohibit drug users or addicts from possessing firearms, Elia explained.

“To my knowledge, no one has been prosecuted as a prohibited possessor based on their possession of a medical-marijuana card. So I don’t think that it’s a huge practical concern.

"Sort of like how it’s extremely rare for the DEA to be busting medical-marijuana patients for their drug use, it’s extremely rare for ATF to want to bust a medical-marijuana user for owning a gun. But theoretically it is possible.”

If I have a medical-marijuana card, will my name be public?

No. According to state law, the information that ADHS receives for the registry is confidential. It cannot be disclosed under the Arizona Open Records Law.

"Employers and law enforcement cannot obtain information without the patient's registration number, which they can only get from the patient's card," Dean said. Also, a police officer may get a search warrant for departmental records if he or she can show probable cause that the patient is committing a marijuana crime.

"Other than that, the privacy is supposed to be protected," he said. "Although you do hear concerns from consumers that they think that there are leaks, I have not been able to verify that this has actually occurred."

Can I use medical marijuana if I’m on probation?

Yes. The Arizona Supreme Court issued two rulings in 2015 barring courts and prosecutors from denying marijuana use as a term of probation if the convicted felon has a valid medical-marijuana card.

What happens if I get caught breaking the law?

Once charged, prosecutors usually offer the chance to do a six-month treatment and drug-testing program known as TASC instead of facing trial. Upon completion, the offender will either “have the case dropped with no charges filed or have the charges dismissed with prejudice,” according to the TASC website. If you are caught in Maricopa County with marijuana and you don’t have a card (or you have a card but are using or possessing medical marijuana in a prohibited place, such as a college campus), you will likely be charged with a felony.

Will marijuana ever be legalized in Arizona (like it is in Colorado)?

For the second time in state history, Arizonans voted in November to reject a ballot measure that would have legalized recreational marijuana.

It was a narrow loss: 1,300,344 people, or 51.32 percent of voters, voted "no" on the measure, while 1,233,323 people making up 48.68 percent of voters marked "yes."

Another attempt to legalize recreational marijuana could appear on the November 2018 ballot. Grass-roots organization Safer Arizona filed an initiative in February to get the issue on the ballot, and now has until July 2018 to collect 152,000 valid signatures. Other efforts may soon emerge. [RAD or Relegalize ALL Drugs has filed it's initiative.]