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IS WEED LEGAL IN THE GREAT STATE OF ARIZONA?
YES! Recreational cannabis use and consumption for people age 21+ deemed legal!
Recreational cannabis use and consumption Is now legal for people aged 21 and older. Thanks to Proposition 207 which passed in November 2020, possession, use, and cultivation are deemed legal for persons in Arizona that are 21+. Since 2020 this change in law has provided the state with millions of dollars in tax revenue and residents the ability and freedom to purchase, possess, and consume cannabis.
Arizona’s first strides toward cannabis legalization began back in November 2010, when residents enacted a medical marijuana initiative named Prop 203. This initiative allowed for the first medical dispensaries and caregivers in the state. 10 years later the SSAA (Smart and Safe Arizona Act) passed, providing a list of rules and limitations for the recreational market. The new list of laws and rules combined with several statutes including but not limited to A.R.S. § 13-3405 (criminal statute pertaining to marijuana) and A.R.S. § 36-2853 (SSAA) acts as Arizona’s current cannabis guidelines.
A Guide to Arizona's Cannabis laws and Penalties
Before the legalization in November 2020, Arizona had some of the strictest anti-cannabis laws in the country. Previously being caught with any measurable amount of cannabis would result in potential prosecution, jail time, and felony charges. Now residents, tourists, and anyone 21 or over can legally purchase from various shops and dispensaries.
Medicinal vs Recreational
medicinal
In the great state of Arizona, you can legally be prescribed a medicinal (cannabis) marijuana card as long as you’re at least 18 years old. Obtaining a Medicinal (cannabis) marijuana card or “med card” as many Arizonans call them can be quite simple with only 2 steps.
Step 1: Apply and obtain your “med card” by entering Arizona’s Department of Health website. To apply, patients must have a Doctor’s referral along with a qualifying health condition. Below are some but not all qualifying conditions.
-Alzheimer’s disease
-ALS
-Cancer
-Chronic severe pain
-Crohn’s disease
-Epilepsy
-Glaucoma
-Hepatitis C
– HIV/AIDS
-PTSD
You must be an adult over the age of 18 to apply for a Medical marijuana card in Arizona. An application fee of $150 will be collected (snap users pay $75) along with proof of residency. Previous medical records are not required upon meeting with an assessing physician. To request an Appointment for assessment call AZDHS via the phone or online through the AZDHS portal.
Step 2: Upon approval of your application, you will receive your printable “med card” within 10 business days. After successfully registering and receiving your card you are eligible for 2 years as a medicinal patient in the state of Arizona.
Frequently asked questions
After I get my “med card” where can I use it? After receiving your Arizona medical cannabis card you can use it at any of the state-licensed dispensaries.
Do I need to be a resident of the state of Arizona to get a “med card”? Yes, to qualify to receive an Arizona “med card” you must be an Arizona resident.
When can I renew my “med card”? You can renew your “med card” 90 days before its expiration date.
Recreational
Recreational cannabis consumers are not only taxed more but also limited to product variety in the state of Arizona. In the state all cannabis transactions are subject to a form of tax. Transactional privilege tax, also known as TPT, the TPT rate is currently 5.6% across the state. This TPT is applied to all cannabis sales in the state both recreational and medical. The state also requires recreational customers to pay a 16% MET (marijuana excise tax) during their purchase. In most counties and cities an additional local/city tax ranging between 1%-4% depending on the jurisdiction , payable by both recreational and medical consumers
In conclusion, medical patients are only required to pay the TPT (5.6%) and various local/city taxes(1%-4%). Recreational users pay a much heftier tab consisting of TPT(5.6%), MET(16%) and city/local sales taxes (1%-4%). Non-medical consumers aka recreational users are also limited to less potent variations of edibles and topicals, along with less access to high THC% strains.
Frequently asked questions
Can recreational users purchase at the same dispensaries as medical patients? Yes, although medical patients will receive different prices and oftentimes wait in different lines at the dispensary, they can still shop at the same places.
Where can I find a list of recreational dispensaries in the state of Arizona? You can find a list of licensed recreational dispensaries at the Arizona Department Of Health website.
Do all Arizona cities and towns have a dispensary? No, unfortunately not all cities and towns in Arizona have dispensaries.
Important information for Arizona cannabis users
-Cannabis is legal for consumers 21 years of age and older in the state of Arizona. Any person over the age of 21 or 18+ with a medicinal card can possess, consume, and cultivate cannabis.
-Employers in the state can still prohibit cannabis usage while working.
-Police can no longer perform a warrantless search of your vehicle if they smell cannabis. Again thanks to Prop 207 the new law says, “the odor of marijuana or burnt marijuana does not by itself constitute reasonable articulable suspicion of a crime.” A.R.S. section 36-2852(C).
-You can apply for and purchase a medicinal marijuana card in the state of Arizona
-Driving while impaired by cannabis is a crime in the state of Arizona.
Disclaimer: This Treed blog article is for educational purposes only. It does not contain legal advice. If you have questions about the law or need legal advice, please contact an attorney or our friends at Allen law firm. The information in this article is accurate as of 2023, but may not remain accurate as marijuana laws are constantly evolving. Stay #Treed.
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