Laws in any state, including Arizona, can change rapidly. Legislators do not always inform the public when they make small changes, and those who enforce the law may make mistakes.
Some authorities, and employers, may be unfamiliar with medical marijuana in AZ. This can lead to problems. Your best insurance is understanding the law and knowing your rights.
AZ MMJ Laws Governing Use
Recreational marijuana users and MMJ card holders must abide by similar rules, but some rules are different for medical marijuana users. Among them are the following.
Flower
Recreational users who are 21 years old or older may legally possess 1 ounce of flower for personal use. MMJ cardholders can possess up to 2.5 ounces in a 14-day period.
Concentrate
Recreational users can possess up to 5 grams of concentrate (rosin, wax, or similar product). Certified AZ medical marijuana users may possess up to 12.5 grams of concentrate.
Cultivation
Residents, and users of medical marijuana, may grow up to 6 plants in a household with one adult, and an additional 6 plants with two adults.
The law allows marijuana caregivers to grow cannabis for their patients. The amount is based on the number of patients who designate them as marijuana caregivers. The maximum is 72 plants if the caregiver is designated by 5 patients.
Important Rights To Keep In Mind
Knowing your rights is important whether you are a recreational user or an AZ medical marijuana card holder. Everybody at some point is approached by an officer of the law and that’s when it’s vital to know if you are operating within your rights.
Right To Privacy
Having the right to privacy means you have an expectation to be free of unwanted questioning, searches, and seizures.
AZ MMJ laws give you some protection when moving cannabis between the dispensary and your home. If the police ask to search your person or vehicle you have the right to refuse. Merely state you do not consent to the search.
There are several ways you might sacrifice this right, even if you qualify for medical marijuana in AZ. For example, suspicious behavior, if you are observed doing something illegal, or if police see an illegal object in your possession.
Search Warrants
Search warrants must detail the illegal item or items you are suspected of possessing. The search warrant has to bear the correct date and be signed by a judge.
Police cannot expand the search without cause, so keep things out of sight. For example, if you have a roommate that is arrested the police might search their room. Expanded AZ MMJ laws will be of little help if, during this search, they see a large number of plants growing in your room. This might make them expand the search, whether you are certified for medical marijuana in AZ or not.
MMJ Cards And Employers
If you have an MMJ card, you have the right to confidentiality with respect to your medical condition and treatment. This data is private between you and your healthcare team. There are exceptions to this right, however. For example, communicable diseases that pose a public health risk, and for insurance and billing purposes, medical research, and other necessary medical records.
Right To Freedom Of Movement
This freedom means, among other things, you cannot be detained without due cause. Whether you are a recreational user of marijuana or an AZ medical marijuana card holder, the same rights apply. If you are stopped by law enforcement personnel and you are unsure, ask them if you are being arrested or detained. If they say no, you are free to leave.
Right to Remain Silent
In most situations, you are not obligated to talk to the police. If you are questioned, remain calm. You don’t have to answer questions about your AZ medical marijuana card. Avoid conversations with police officers and limit answers to yes and no if possible. There’s no need to be rude, but you do not have to carry on a casual conversation with law enforcement officers.
Your Best Defense Is Knowledge
Sadly, there are many examples of overreach when it comes to law enforcement. Being sure you understand AZ MMJ laws, and your rights, are your best defense as a private citizen. Even if you don’t have an AZ medical marijuana card, understanding these rights can keep you safe and out of jail.