Law Office of Lee Phillips I Will Stand Up For Your Rights I Will Stand Up For Your Rights Lee Phillips
Home
Firm Profile
Legal Expertise
Practice Areas
Victories/Media
Common Questions
Resources/Links
Contact Us
 
SUMMARY OF PROPOSITION 203 Back to Practice Areas

The summary of Prop 203, as provided by the Arizona Secretary of State's website, is:
The Arizona Medical Marijuana Act protects terminally or seriously ill patients from state prosecution for using limited amounts of marijuana on their doctor's recommendation. Qualifying patients who register with the Arizona Department of Health Services will obtain marijuana from nonprofit medical marijuana dispensaries regulated by ADHS. Private cultivation will be allowed by ADHS only when no dispensary is available. The Act is self-funding and establishes safeguards: registration cards; fingerprinting of caregivers and dispensary personnel to exclude drug and violent felons; strict security, record keeping and oversight requirements; inspection of dispensaries; restrictions on number and location of dispensaries; and providing penalties.

The following is a summary of the rules and regulations concerning medical marijuana as outlined in Prop 203.

  • Qualifying Patients and Designated Caregivers
    • Application requirements:
      • written certification issued by physician within 90 days preceding application
      • application fee
      • contact information and DOB for patient, physician and designated caregiver, if any
      • statement signed by patient and caregiver, if any, to not divert marijuana to anyone not allowed to possess
      • designation of who will be allowed to cultivate the marijuana if patient does not live within 25 miles of dispensary
  • Qualifying patients include those who have been diagnosed with cancer, glaucoma, HIV, AIDS, Hepatitis C, ALS, Crohn's Disease, agitation of Alzheimer's. In addition, qualifying patients include those with a medical condition that produces cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, including those characteristics of epilepsy, severe/persistent muscle spasms, including those characteristics of Multiple Sclerosis. ADHS has the power to approve and add other medical conditions that qualify for medical marijuana cards.
  • Qualifying patients cannot be under 18 unless:
    • custodial parent or guardian consents in writing to:
      • allow patient's use of marijuana
      • serve as the designated caregiver
      • control the acquisition of the marijuana, the dosage and the frequency of use
    • patient's physician has explained the potential risks and benefits to the parent/guardian
    • parent/guardian submits written certification from 2 physicians
  • The allowable amount of marijuana for patients and caregivers is 2.5 ounces.
  • If a  patient or caregiver does not live within 25 miles of a dispensary and is allowed to cultivate marijuana, the limit is 12 plants and must be grown in an "enclosed, locked facility".

2. Issuance / Denial of registry identification cards ["cards"]

  • ADHS shall deny or approve application or renewal within 10 days of receiving application/renewal.
  • Cards shall be issued within 5 days of approval.
  • Designated caregiver needs a card for each qualifying patient.
  • Cards may be denied by ADHS if the application/renewal does not meet the requirements, does not provide the information required, the applicant previously had a card revoked for violating this chapter or provides false information.
  • ADHS may conduct a criminal records check before approving any application/renewal.
  • Denial of card is a final decision subject to judicial review.
  • Expiration and renewal of cards:
    • All cards expire one year after date of issue.
    • A dispensary registration certificate shall be issued within 10 days of receipt of the renewal form.
    • If a cardholder loses his card, he shall notify ADHS and a new card will be issued within 5 days of the notification.

3. Facility Restrictions

  • Nursing homes, hospice, assisted living centers, etc. may adopt restrictions on the use of marijuana by their residents or persons receiving inpatient services including:
    • facility will not store patient's supply
    • facility is not responsible for providing marijuana to patient
    • require marijuana to be consumed by method other than smoking
    • require marijuana to be consumed in a specified place

  • Nonprofit Medical Marijuana Dispensaries
  • Will be regulated by ADHS which will include minimum oversight requirements, record keeping and security requirements for the dispensaries.
  • ADHS may not issue more than one certificate for every 10 pharmacies registered under state law except ADHS may issue at least one certificate per county. (An estimated 124 dispensaries throughout the state.)
  • Application requirements - Dispensary shall be registered by ADHS no more than 90 days after the application has been submitted if the required conditions are met. Some of these conditions include:
    • Application fee not which cannot exceed $5,000 and renewal fees cannot exceed $1,000
    • Legal name of non-profit
    • Address of dispensary and where marijuana will be cultivated, which cannot be within 500 feet of a school
    • Name, address and DOB of each officer, board member and agent
    • Officers and employees of dispensary must submit a full set of fingerprints
    • Operating procedures
    • Sworn statement that dispensary is in compliance with zoning restrictions
    • No officers or board members have been convicted of an excluded felony.
    • No officers / board members have been on the board of a nonprofit dispensary that had its registration certificate revoked.
    • No officers / board members are under 21.
  • Visitors from other states with identification cards or the equivalent may use their card, but cannot obtain marijuana from a dispensary.
  • Dispensaries must cultivate their own medical marijuana, which they can do onsite or at one separate physical address
  • Dispensaries must have a single secure entrance, a strong security system, and no medicating is allowed on the premises.
  • Dispensaries must track patients' acquisitions to ensure they receive no more than 2.5 ounces from any dispensaries within a fourteen day period.
  • There shall be a secure, web-based confirmation system accessible by law enforcement and dispensaries, that reveals patients' and caregivers' names but not addresses and how much marijuana the patient received from all dispensaries in the past sixty days.
  • The amount dispensed cannot exceed 2.5 ounces during a 14 day period.

5. Criminal / Civil Penalties and Employment

  • Patient / caregiver is not subject to arrest, prosecution, or penalty in any manner, or denial of a right or privilege for the use of medical marijuana or a caregiver's assisting a patient with the use as long as they do not possess more than the allowable amount.
  • Physician is not subject to arrest, prosecution, or penalty in manner for providing written certifications, but can be sanctioned by licensing board for failing to properly evaluate a patient's medical condition or violating the standard of care.
  • Parental rights of patients cannot be denied solely for their medical marijuana use.
  • No school, employer or landlord may discriminate against a person solely for his status as a cardholder unless they are subject o federal penalty.
  • An employer cannot take action against employee because of a positive drug test unless person used, possessed, or was impaired on the premises.
  • Medical marijuana is not required to be covered by insurance under this act.