While CBD and cannabis-based products are gaining more public attention, federal law and many states still consider marijuana illegal. Medical marijuana is acceptable in several states, but recreational marijuana is not. Marijuana laws are complex, and they vary from state to state. Thirty-three states allow individuals to use medical marijuana for a growing number of health conditions. However, only eleven states enable the use of recreational marijuana. Where does Arizona stand on the issue?

What is Marijuana?

Marijuana contains two essential chemicals: THC and CBD. Recreational marijuana contains THC, the psychoactive compound. THC targets specific “receptors” in the brain that creates a “high.” The high is what attracts recreational users.

Medical marijuana is formulated differently than recreational marijuana. It does not contain THC. Medical marijuana contains CBD or cannabidiol oil CBD does not provide any psychoactive effects; it is non-intoxicating.

Medical Marijuana is legal in Arizona.

The Arizona Medical Marijuana Act (AMMA) became law in 2010. Since 2011, Arizona has allowed the issuance of a medical marijuana ID card for specific diagnoses only. The list of qualifying conditions is:

• Alzheimer’s Disease
• Cachexia (Wasting Syndrome)
• All stages of Cancer
• Diagnosed severe Chronic Pain
• Crohn’s Disease
• Glaucoma
• Lou Gehrig’s Disease (ALS- Amyotrophic Lateral Sclerosis)
• Hepatitis C, AIDS or HIV
• Post-Traumatic Stress Disorder (PTSD
• Seizure Disorders.

The medical marijuana legal possession limits for individuals with a valid medical marijuana identification card are not over 2.5 ounces of marijuana.

In June of 2019, all medical marijuana identification went digital. Individuals approved for medical marijuana use are issued a digital ID card as a PDF document sent to their email address on file.

Recreational Marijuana isn’t legal in Arizona.

Possessing Marijuana is a Felony in Arizona.

It is a felony in Arizona to possess any amount of marijuana, whether you are a first time offender or not. Cannabis is a controlled Schedule 1 substance in Arizona. Penalties for marijuana possession depend on the amount a person possesses and whether they possessed it for the purpose of selling it.

Source: statelaws.findlaw.com

A felony charge can prevent an individual from being hired for a job, obtaining housing, or being accepted to an educational institution.

Voters will decide in 2020 whether to legalize recreational marijuana

Eleven states and the District of Colombia have made recreational cannabis legal. Recreational marijuana is available for purchase to adults 21 and over as flowers, oils, plants, seeds, edibles, vape cartridges, beverages, topical creams, concentrated extracts, and more. 

States that have legalized recreational marijuana use:

• Alaska.
• California.
• Colorado.
• Illinois.
• District of Colombia.
• Maine.
• Massachusetts.
• Michigan.
• Nevada.
• Oregon.
• Vermont.

Arizona tried to legalize cannabis in 2016 but failed. In 2020, voters will decide in the November ballot whether to legalize recreational marijuana in Montana, Arizona, and South Dakota.

The Smart and Safe Arizona Act

The Smart and Safe Act, also referred to as Arizona Proposition 207, proposes to legalize the possession of recreational marijuana for citizens over the age of 21 years in Arizona, and create a regulated retail sales market. All marijuana products would carry a 16% excise tax, in addition to the state’s sales tax. The tax revenue generated would be used to fund state education, public health, and public safety programs.

The Act would permit the licensing of approximately 130 retail cannabis dispensaries in Arizona. The majority of which would go to pre-existing licensed medical dispensaries. The state would provide 26 social equity licenses and a few more new licenses in rural counties with less than two medical dispensaries.

Arguments for legalizing marijuana

• Marijuana is safest when it is tested, regulated, and taxed in a legal environment.
• Retail recreational marijuana establishments will create jobs and bring in new revenue to fund education, public health, infrastructure, and public safety.
• Legalization will free up an already crowded criminal justice system to focus on more serious crimes.

Arguments against legalizing recreational marijuana

Opponents state that the potential consequences of legalization are severe, and include:

• Increase in workplace accidents
• Lower overall workplace productivity
• Jeopardizing workforce development efforts
• Increased cost to employers for drug treatment and rehabilitation

Garrick Taylor, SVP of government relations and communications for the Arizona Chamber of Commerce and Industry, stated, “We’re already navigating a global pandemic; we don’t need to put even more stress on the public health system.” 

Arizonans for Health & Public Safety filed a lawsuit designed to stop the Smart and Safe Arizona Act. The suit claims that the 100-word summary of the Act misleads the public about the initiative’s crucial provisions. They claim the proposed Act will:

• Allow for higher potency forms of marijuana for recreational use.
• Allow adults to possess up to 1 ounce of marijuana as long as not more than 5 grams contain marijuana concentrate.
• Allow residents to cultivate of up to six plants at their primary home and up to twelve plants at a place where at least two adults reside.
• Increase the number of marijuana-related traffic deaths
• Allow people previously convicted of possession of less than an ounce of marijuana or six or less plants or paraphernalia to petition, to have their record expunged beginning July 12, 2021.

The Arizona Supreme Court ruled against the Arizonans for Health & Public Safety, stating that the 100-word summary contained “nothing in the description that is actually wrong.”

Where Can You Smoke Marijuana in Arizona?

Smoking marijuana in public spaces or on public transportation is not permitted. The use of marijuana by anyone, even medical marijuana cardholders, on the grounds of a school, daycare, preschool, or correctional facility, is a violation of the law.

If Proposition 207 passes, marijuana use would remain illegal in public places but would be a petty offense.

In Arizona, is Driving Under the Influence of Marijuana legal?

Arizona has a zero-tolerance rule for driving impaired by marijuana. The presence of impairing metabolites of marijuana in your system is a DUI violation. Approved medical marijuana users are exempt from being charged with a DUI based on metabolites. However, a medical user can be charged with DUI based on impairment.

Driving while under the influence of marijuana can result in driver’s license suspension, stiff penalties, and possible jail time.

If proposition 207 is passed, it will remain illegal to drive under the influence of marijuana, but change the law on DUI offenses where police and prosecutors cannot use the presence of metabolites in the body as evidence of DUI.

Can My Employer Drug Test Me for Marijuana?

By law, Employers have the right to run a drug and alcohol-free workplace. They are permitted to forbid the use of any substance while a person is on the job. No change in employer’s rights is expected with the passage of Proposition 207.

If you face charges for marijuana use in Arizona, seek the counsel of an Arizona criminal defense lawyer experienced in marijuana cases.