Phoenix medical marijuana attorneyIn the past few years, there have been significant changes throughout the country regarding the use of marijuana. Currently, 23 states and the District of Columbia, have legalized the possession and use of medical marijuana. These changes have also found their way into Arizona’s own laws regarding medical marijuana. In 2010, Arizona passed Ballot Proposition 203, which amended Title 36 to the Arizona Revised Statutes. This amendment added Chapter 28.1, titled the “Arizona Medical Marijuana Act.” The act identifies the legalities of possession and use of medical marijuana within the state.

The Use of Medical Marijuana

In Arizona, a number of conditions must be present to attain medical marijuana. First and foremost, to qualify, the law requires that you have a “debilitating medical condition.” Under Arizona Revised Statutes 36-2801, a valid medical condition includes, but is not limited to:

  • Cancer
  • Glaucoma
  • HIV Positive Status
  • Immune Deficiency Syndrome
  • Hepatitis C
  • Crohn’s Disease
  • Agitation of Alzheimer’s Disease
  • A Chronic or Debilitating Condition

Because marijuana is still considered to be a controlled substance in the state of Arizona, the Arizona Department of Health still strictly regulate the use of the substance. In addition to having a debilitating medical condition, you are also required to register. Registration provides you with a necessary identification card proving that your use of marijuana is for medical purposes.

Registration for Qualifying Patients

If you qualify for medical marijuana through your debilitating condition, the law also requires you to register with the state for a registration card. Arizona Revised Statutes 36-2804.02 identifies the registration process’s procedure. For example, the Department of Health requires you to submit a written certification from your physician within 90 days of submitting your application, you must pay the application fee, and the application needs to include your personal information, your physician’s contact information, a signed statement by you pledging not to divert medical marijuana, and a designation of who will be able to cultivate marijuana plants for your medical use.

Legal Issues

While the possession and use of medical marijuana in Arizona is legal, a number of issues can still arise for those who are trying to attain or for those who have attained the substance for medical purposes.  If you have questions and concerns regarding medical marijuana use, then a dedicated Phoenix medical marijuana attorney at Tyler Allen Law Firm can provide you with the consultation and legal support that you need.

DUI Drugs

Even if you have a medical marijuana card, it is still illegal to drive with active metabolites in your system. While the relevant laws may be changing, this currently means you can still be charged with a DUI if you have marijuana in your system.  If you have been charged with DUI because you were using medical marijuana, Contact us today to speak to one of our Phoenix medical marijuana attorneys.

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