Medical Marijuana Defense
On This Team
Arizona has passed the Arizona Medical Marijuana Act (“AMMA”) and medicinal marijuana use is now legal for those who have a legitimate medical need, have obtained a recommendation from their doctor, and have registered with and received an identification card from the Arizona Department of Health Services. The AMMA establishes the allowable amount of medicinal marijuana that registered patients and caregivers who have been issued an identification card may legally have in their possession. The law further provides certain circumstances under which you may grow and obtain medicinal marijuana if you are the holder of a registry identification card. However, medicinal marijuana remains a controlled substance. Consequently the reality is that if you have a state issued registry identification card that permits you to have and consume medicinal marijuana you may still end up under arrest and charged with a crime if you are caught with it in your possession by a law enforcement officer.
Rose Law Group pc has a team of dedicated attorneys to defend you in the event that you have been wrongfully arrested or charged for any crime arising out of your right to have and consume medicinal marijuana as a qualifying patient or designated caregiver. RLG is committed defending your rights under the Arizona Medical Marijuana Act. If you have been arrested or charged with a crime for possession of medicinal marijuana and you are a registry identification cardholding patient or caregiver we would like to defend your rights.
Make sure you are compliant with Arizona law, some things to remember include:
- As a patient, never be in possession of more than two and one half (2.5) ounces of usable medicinal marijuana at any given time. This is the maximum allowable amount under the AMMA. Possession of more than two and one half ounces will be viewed by the court as more than is reasonably necessary for you to keep treating your condition.
- If you are permitted to cultivate plants, do not have more than twelve (12) at any one time, no matter how big or small they may be, and keep them in an enclosed locked facility.
- If you have to leave the privacy of your home and are going to bring the medicinal marijuana with you, make sure you have your state issued registry identification card and another form of government issued identification (to verify identity) with you.
- Do not consume the medicinal marijuana in public and do not drive under the influence of medicinal marijuana under any circumstance.
- Do not obtain medicinal marijuana from any source other than a patient, caregiver, or dispensary. Do not pay for the medicinal marijuana (unless being purchased at a dispensary or if you are compensating your caregiver for actual costs only) as this is a violation of the AMMA,
- If you are a caregiver you must have a separate card for each of your patients (up to 5 maximum). Patients must designate you as their caregiver at the time they apply to DHS for their patient card.
- Caregivers must abide by the numerical limits listed above for each patient (i.e. max of 2.5 ounces of usable medicinal marijuana and 12 plants per registered patient)
- Caregivers cannot receive any payment for medicinal marijuana but can be reimbursed by their patients for actual costs incurred.
