Arizona Medical Marijuana, Prop 205, and Getting Your Arizona Medical Marijuana Card, What You Need To Know

In 2010, with the passing of Prop 203 (Arizona Medical Marijuana Act) which was an Arizona ballot measure and vote to legalize the use of medical marijuana without the normal Food and Drug Administration testing for safety and efficacy reasons smoking marijuana medically in AZ became legal.

Prop 203 passed by a very small margin with 50.13% of the vote in the state. Six years later Prop 205 to legalize marijuana in the state of Arizona recreationially for people over 21 didn’t pass by a very narrow margin.

Prop 205

The Arizona Marijuana Legalization Initiative, also known as Proposition 205, was on the November 8, 2016, ballot in Arizona as an initiated state statute. It was defeated. *hat tip BallotPedia

A “yes” vote supported legalizing the possession and consumption of marijuana by people 21 years old and up.
A “no” vote opposed this measure to legalize the possession and consumption of marijuana by people 21 years old and up.[1]


Election results

Proposition 205
Election results from Arizona Secretary of State


Arizona Medical Marijuana Card and Program

There are 3 basic steps you need to take to get your Arizona Medical Marijuana Card. First you need to have your medical records and primary physicians show a history and proof of your qualifying ailment, second it has to get certified by a medical marijuana doctor or if they are the same person skip step number one. And finally you need to submit your application for a medical marijuana card  to the Arizona department of Health Services.

There are medical marijuana card doctors and locations that can handle all the legwork and paperwork for you as long as you have been qualified and have a prescription/medical records showing your qualifying condition.

Here is a list of the qualifying conditions:

  • Agitation of Alzheimer’s Disease
  • Amyotrophic Lateral Sclerosis
  • Cancer
  • Crohn’s Disease
  • Glaucoma
  • Hepatitis C
  • Nail Patella
  • Cachexia or Wasting Syndrome
  • Severe Nausea
  • Severe and Chronic Pain
  • Seizures
  • Severe and Persistent Muscle Spasms
  • PTSD (Must be in regular counseling or psychiatric care)

Other than the conditions you have to be 18 years or older, if under 18 you need a legal guardian to register as your caregiver. Also, you need to be an Arizona resident with a valid residential address in AZ and have a valid AZ driver’s license or AZ id card.

Lastly, the medical marijuana card in AZ costs $150 for state’s fees and ranges from $50-$150 for your medical marijuana doctor appointment each year. But again most of them handle everything the state needs from there and then you get your card in 1-2 weeks after that appointment. And renewing your card is even easier because they already have a record of your primary doc or medical records and already got you approved for your medical marijuana card the year before.

How much will it cost for an Arizona Medical Marijuana card?

he fees are listed in rules and include:

  • $150 for an initial or a renewal registry identification card for a qualifying patient. Some qualifying patients may be eligible to pay $75 for initial and renewal cards if they currently participate in the Supplemental Nutrition Assistance Program.
  • $200 for an initial or a renewal registry identification card for a designated caregiver. A caregiver must apply for a new card for every patient under their care (up to five patients).
  • $500 for an initial or a renewal registry identification card for a dispensary agent.
  • $5,000 for an initial dispensary registration certificate.
  • $1,000 for a renewal dispensary registration certificate.
  • $2,500 to change the location of a dispensary or cultivation facility.
  • $10 to amend, change, or replace a registry identification card.

Arizona Medical Marijuana Laws

Here are some of the top FAQs about Arizona’s Medical Marijuana Laws you should know.

Why do I need to have a medical marijuana card?

The Arizona Medical Marijuana Act says that anyone who follows the requirements can’t be penalized for the medical use of marijuana. The Act prohibits certain discriminatory practices, including:

  • A school or landlord can’t refuse to enroll or lease to a qualifying patient unless failing to do so would cause the school or landlord to lose benefits under federal law;
  • An employer can’t discriminate against a qualifying patient in hiring, terminating, or imposing employment conditions unless failing to do so would cause the employer to lose benefits under federal law; and
  • An employer can’t penalize a qualifying patient for a positive drug test for marijuana, unless the patient used, possessed, or was impaired by marijuana on the employment premises or during hours of employment.

What is still prohibited under the Arizona Medical Marijuana Act?

The Arizona Medical Marijuana Act (Act) does not:

  • Authorize a person to undertake any task under the influence of marijuana that constitutes negligence or professional malpractice. Authorize possessing or using medical marijuana on a school bus, on the grounds of a preschool, primary school, or high school, or in a correctional facility.
  • Authorize smoking marijuana on public transportation or in a public place.
  • Require a government medical assistance program or private health insurer to reimburse for costs associated with the medical use of marijuana.
  • Require an owner of private property to allow the use of marijuana on that property.
  • Require an employer to allow the ingestion of marijuana in the workplace.
  • Prevent a nursing care or other residential or inpatient healthcare facility from adopting reasonable restrictions on the provision, storage and use of marijuana by residents or patients.

Will there be people growing medical marijuana in my neighborhood?

A qualifying patient or the qualifying patient’s designated caregiver may cultivate medical marijuana if the qualifying patient lives more than 25 miles from the nearest dispensary. A dispensary may cultivate marijuana at the dispensary or at a cultivation site, but the location of the dispensary and the cultivation site needs to be in compliance with local zoning restrictions. Anyone who grows medical marijuana must do so in an enclosed area.

How much marijuana can a qualifying patient possess?

36-2801. Definitions

(Caution: 1998 Prop. 105 applies)

In this chapter, unless the context otherwise requires:

1. “Allowable amount of marijuana”

(a) With respect to a qualifying patient, the “allowable amount of marijuana” means:

(i) Two-and-one-half ounces of usable marijuana; and

(ii) If the qualifying patient’s registry identification card states that the qualifying patient is authorized to cultivate marijuana, twelve marijuana plants contained in an enclosed, locked facility except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the qualifying patient is moving.

Where can a qualifying patient be able to smoke or consume medical marijuana?

According to the Arizona Medical Marijuana Act, a qualifying patient may not consume medical marijuana at a dispensary but may eat medical marijuana in foods or use infused products at other locations. State law lists places where a qualifying patient may not smoke medical marijuana, including public places. A qualifying patient who lives in a nursing care institution, hospice, assisted living facility, or adult foster care home or who attends an adult day health care facility may also have to follow restrictions imposed by the facility.

Can a Medical Marijuana patient drive while smoking marijuana?

No, a qualifying patient cannot drive a motor vehicle while under the influence of marijuana.

What if my workplace tests for drugs including marijuana? If I have a medical marijuana card do I have protection?

The Arizona Medical Marijuana Act states that an employer will not be able to penalize a qualifying patient with a registry identification card for a positive drug test for marijuana, unless the patient used, possessed, or was impaired by marijuana on the employment premises or during hours of employment. If you are unsure how the Act applies to you, consult an attorney licensed to practice law in Arizona.

Arizona Medical Marijuana Dispensaries

Attached is a 2016-2017 List of approved Arizona State Medical Marijuana Dispensaries where you can purchase up to 2 and half ounces of weed in a 14 day period.

Click for PDF of list of AZ Dispensaries