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Arizona Medical Marijuana Question

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Arizona Medical Marijuana Question


Happy Farmer has an Arizona Med Marijuana card. Authorized to cultivate. Under AZ State Law can Happy sell his crop?


Please also explain the differences between the rules for Happy if he was a regular card holder vs. a "Caregiver".


It's very important for Mr. Farmer to stay Happy so he needs to follow State Law and Avoid the Feds. Will you please also let us know where we can print out these rules. Any tips appreciated ;)

Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Attorney replied 1 year ago.
As written, the Law only allows a nonprofit medical marijuana dispensary or a caregiver to dispense cannabis, see
http://www.azdhs.gov/medicalmarijuana/rules/index.htm#statutes


36-2816. Violations; civil penalty; classification
(Caution: 1998 Prop. 105 applies)
A. A registered qualifying patient may not directly, or through his designated caregiver, obtain more than two-and-one-half ounces of marijuana from registered nonprofit medical marijuana dispensaries in any fourteen-day period.
B. A registered nonprofit medical marijuana dispensary or agent may not dispense, deliver or otherwise transfer marijuana to a person other than another registered nonprofit medical marijuana dispensary, a registered qualifying patient or a registered qualifying patient's registered designated caregiver.
C. A registered nonprofit medical marijuana dispensary may not acquire usable marijuana or mature marijuana plants from any person other than another registered nonprofit medical marijuana dispensary, a registered qualifying patient or a registered designated caregiver. A knowing violation of this subsection is a class 2 felony.
///

Sale of marijuana also remains illegal under United States federal law.

http://americansforsafeaccess.org/article.php?id=6525 states:
"It is legal for a patient with an Arizona registry ID card to use cannabis for medical purposes. Patients may also grow cannabis and appoint a designated caregiver for assistance. Patients and designated caregivers may only cultivate if they live at least 25 miles from a registered dispensary; until further notice, however, the dispensary program is in limbo, therefore all patients with registry ID cards are able to cultivate their own medicine, as long as they receive permission to cultivate."

That page has a lot more information about the Arizona medical marijuana laws.

Only a person with a Registry ID card can legally distribute cannabis. This is a fairly new law, and there is no provision that allows an unregistered caregiver to sell cannabis.

36-2801 states:
"In this chapter, unless the context otherwise requires:
///
5. "Designated caregiver" means a person who:
(a) Is at least twenty-one years of age.
(b) Has agreed to assist with a patient's medical use of marijuana.
(c) Has not been convicted of an excluded felony offense.
(d) Assists no more than five qualifying patients with the medical use of marijuana.
(e) May receive reimbursement for actual costs incurred in assisting a registered qualifying patient's medical use of marijuana if the registered designated caregiver is connected to the registered qualifying patient through the department's registration process. The designated caregiver may not be paid any fee or compensation for his service as a caregiver. Payment for costs under this subdivision shall not constitute an offense under title 13, chapter 34 or under title 36, chapter 27, article 4."

I am sorry the law is somewhat vague on some issues. For example, "actual costs incurred" is not defined.

There are Arizona marijuana lawyers listed at
http://lawyers.norml.org/arizona

Only a local attorney can provide legal advice, but I hope this information is helpful.
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX excellent answer.

 

The part that was underlined... Does that mean a dispensary can pay money or otherwise compensate Happy?

The guy running the dispensary told him that he could only keep 2 1/2 ounces from his harvests. He also told him that he had to donate the rest to his dispensary. So that's what he's been doing. The only problem is that the last time he made a donation by the time he got his paperwork from them his weight was WAY off from what he delivered to them. This couldn't possibly be a drying out issue.

He's trying to keep every toe inline and follow all the rules so he's keeping pics and paperwork documenting his grows and feels that paperwork is important.

 

I have friends that have mental "issues", slow or whatever and I think Happy is being taken advantage of.

Expert:  N Cal Attorney replied 1 year ago.
You asked:
Does that mean a dispensary can pay money or otherwise compensate Happy?

Yes, they can reimburse his expenses as long as he is registered as either a patient or a caregiver.

One of the links I posted states:
"A patient may have up to twelve plants and two and one-half ounces of usable marijuana. Patients must have received permission to cultivate in order to grow their own medicine, and can only grow cannabis in an "enclosed" space, whether it is indoors or outdoors."

Parts of the law do not make a lot of sense.
http://americansforsafeaccess.org/article.php?id=6525
states:
"A patient can only have one (1) designated caregiver. A designated caregiver with a registry ID card can possess up to twelve (12) marijuana plants and two and one-half (2.5) ounces of usable marijuana, keeping in mind that the sum total of medicine and plants between the patient and the designated caregiver may never exceed twelve (12) cannabis plants and two and one-half (2.5) ounces of usable cannabis. For instance, if the patient has one (1) ounce of usable cannabis in her possession, and two (2) cannabis plants, the designated caregiver may not exceed one and one-half (1.5) ounces of usable cannabis and ten (10) cannabis plants."

But a designated caregiver can have up to 5 patients so 2.5 ounces is unreasonable, but I didn't write the law. According to the dosage chart at
http://medicalmarijuana.procon.org/view.answers.php?questionID=000334 an ounce of cannabis with up to 15% THC might only last a week.

The dosages of pure THC (Marinol) is measured in milligrams but pure THC causes undesirable effects in some people because the THC is not balanced with any CBDs as it is in natural cannabis.

U.S. Cannabis policy has been formed by politics more than by science, see
http://www.jackherer.com/thebook/ for a history of that.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8189
Experience: since 1983
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Expert:  N Cal Attorney replied 1 year ago.
Thank you for the Excellent rating!

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