Arizona Medical Marijuana Program
Frequently Asked Questions

General Arizona Medical Marijuana Questions:
Why do I need to have a medical marijuana registry identification card?
The Arizona Medical Marijuana Act says that anyone who follows the requirements can’t be penalized for the medical use of marijuana.  The Act prohibits certain discriminatory practices, including: A school or landlord can't refuse to enroll or lease to a qualifying medical marijuana patient unless failing to do so would cause the school or landlord to lose benefits under federal law; An employer can't discriminate against a qualifying medical marijuana patient in hiring, terminating, or imposing employment conditions unless failing to do so would cause the employer to lose benefits under federal law; and An Arizona employer can't penalize a qualifying patient for a positive drug test for marijuana, unless the patient used, possessed, or was impaired by marijuana on the employment premises or during hours of employment.


What is still prohibited under the Arizona Medical Marijuana Act?
The Arizona Medical Marijuana Act (Act) does not: Authorize a person to undertake any task under the influence of marijuana that constitutes negligence or professional malpractice. Authorize possessing or using medical marijuana on a school bus, on the grounds of a preschool, primary school, or high school, or in a correctional facility. Authorize smoking marijuana on public transportation or in a public place. Authorize operating, navigating, or being in actual physical control of a motor vehicle, aircraft, or motorboat while under the influence of marijuana. A registered qualifying patient will not be considered to be under the influence of marijuana solely because of the presence of marijuana in the person's system that appears in a concentration insufficient to cause impairment. Require a government medical assistance program or private health insurer to reimburse for costs associated with the medical use of marijuana. Require an owner of private property to allow the use of marijuana on that property. Require an employer to allow the ingestion of marijuana in the workplace. Prevent a nursing care or other residential or inpatient healthcare facility from adopting reasonable restrictions on the provision, storage and use of marijuana by residents or patients.


Will there be people growing medical marijuana in my neighborhood?
A qualifying patient or the qualifying patient's designated caregiver may cultivate medical marijuana if the qualifying patient lives more than 25 miles from the nearest dispensary. A dispensary may cultivate marijuana at the dispensary or at a cultivation site, but the location of the dispensary and the cultivation site needs to be in compliance with local zoning restrictions. Anyone who grows medical marijuana must do so in an enclosed area.

Medical Marijuana Costs:
How much will it cost to apply for a registry identification card or a dispensary registration certificate?
The fees are listed in rules and include: $150 for an initial or a renewal registry identification card for a qualifying patient. Some qualifying patients may be eligible to pay $75 for initial and renewal cards if they currently participate in the Supplemental Nutrition Assistance Program. $200 for an initial or a renewal registry identification card for a designated caregiver. $500 for an initial or a renewal registry identification card for a dispensary agent. $5,000 for an initial dispensary registration certificate. $1,000 for a renewal dispensary registration certificate. $2,500 to change the location of a dispensary or cultivation facility. $10 to amend, change, or replace a registry identification card.

Arizona Medical Marijuana Program
Frequently Asked Questions
Cultivation


Who can cultivate marijuana?
A qualifying patient or the qualifying patient’s designated caregiver may be approved by the Department to cultivate medical marijuana if the qualifying patient lives more than 25 miles from the nearest dispensary.
A dispensary may cultivate marijuana at the dispensary or at a cultivation site. The location of the dispensary and the cultivation site needs to be in compliance with local zoning restrictions.  Anyone who cultivates medical marijuana must do so in an enclosed, locked area.

Does a qualifying patient or designated caregiver authorized to grow have to follow the same requirements as a dispensary to cultivate marijuana?
No, the only requirements that qualifying patients or designated caregivers who are authorized to cultivate marijuana must follow are the number of plants grown in an enclosed, locked facility specified in state law.


Will the Department be inspecting the homes of qualifying patients or designated caregivers authorized to grow marijuana?
The Department has no authority to inspect the homes of qualifying patients or designated caregivers authorized to grow marijuana.

Can a qualifying patient or designated caregiver authorized to grow medical marijuana use the same enclosed, locked facility used by another qualifying patient or designated caregiver also authorized to grow medical marijuana? Would these facilities be subject to inspection?
Sites used by qualifying patients or designated caregivers to grow marijuana are not subject to inspection by the Department. However, state law limits the number of plants that may be grown and includes the requirement that cultivation be done in “an enclosed, locked facility.”

Can cultivation be done in a greenhouse?
Cultivation must be done in “an enclosed, locked facility.” A greenhouse is included in the definition of “enclosed, locked facility”. However, to meet the definition of “enclosed, locked facility,” the greenhouse must be equipped with “locks or other security devices that permit access only by a cardholder” or surrounded by “solid 10-foot walls constructed of metal, concrete, or stone that prevent any viewing of the marijuana plants, with a one-inch thick metal gate”.


Can I set up a cultivation facility without being a dispensary?
The statute ties cultivation to dispensaries by definition and requires a dispensary to provide the address of an additional cultivation location, if any, when applying for a registration. The Department does not have authority to issue a separate certificate to an entity that is only a cultivation facility.

Arizona Medical Marijuana Cultivation Costs
How much will it cost to apply for a registry identification card or a dispensary registration certificate?
The fees are listed in rules and include: $150 for an initial or a renewal registry identification card for a qualifying patient. Some qualifying patients may be eligible to pay $75 for initial and renewal cards if they currently participate in the Supplemental Nutrition Assistance Program. $200 for an initial or a renewal registry identification card for a designated caregiver. $500 for an initial or a renewal registry identification card for a dispensary agent. $5,000 for an initial dispensary registration certificate. $1,000 for a renewal dispensary registration certificate. $2,500 to change the location of a dispensary or cultivation facility. $10 to amend, change, or replace a registry identification card.

Arizona Medical Marijuana Program
Frequently Asked Questions
Qualifying Patients


When can I apply for an Arizona medical marijuana qualifying patient card?
Qualifying patients can begin applying for registry identification cards on April 14, 2011 on the website.
Do I need to apply for my qualified patient card on-line? Can I walk it in?
No, ADHS will only accept applications submitted online.


How can I apply for a registry identification card to possess and use medical marijuana?
A qualifying patient, who has been diagnosed with one of the debilitating medical conditions will need to get a written certification from a physician (medical doctor, osteopath, naturopath, or homeopath licensed to practice in Arizona) with whom he/she has a physician-patient relationship. The written certification has to be on a form provided by the Arizona Department of Health Services (Department) within 90 days before submitting an application for a registry identification card.  In other words the medical marijuana Dr. certification must be relatively recent.  After obtaining the written certification from the physician, the qualifying patient can apply online for a registry identification card, after April 14, 2011.


Your website requires that I submit electronic copies of everything in a PDF format. I don’t know how to do that. How should I proceed?
PDF is the Adobe Portable Document Format used to store documents and pictures digitally. Some computers and software can save documents in PDF format. If you are unable or unsure whether you can save documents in PDF format, some businesses offer the service of converting or saving your documents and will provide them on a CD or memory card. Consult your local telephone or internet listing directory.


I can’t afford the cost of a qualifying patient card. Is there a way to pay less?
For a qualifying patient who is currently on the U.S. Department of Agriculture Supplemental Nutrition Assistance Program (SNAP, formerly known as food stamps), the cost of a registry identification card is reduced from $150 to $75.


What medical conditions will qualify a patient for medical marijuana?                                                       Cancer Glaucoma Human Immunodeficiency Virus (HIV) Acquired Immune Deficiency Syndrome (AIDS) Hepatitis C Amyotrophic Lateral Sclerosis (ALS) Crohn's disease Agitation of Alzheimer’s disease
A chronic or debilitating disease or medical condition or the treatment for a chronic or debilitating disease or medical condition that causes:
o Cachexia or wasting syndrome;
o Severe and chronic pain;
o Severe nausea;
o Seizures, including those characteristic of epilepsy;
o Severe or persistent muscle spasms, including those characteristic of multiple sclerosis


What if my medical condition is not listed?
State law allows a person to request the addition of other conditions to the list of debilitating medical conditions.


How can I request the addition of a medical condition to the list?
In January and July of each calendar year, the Department will accept written requests to add a medical condition to the list of the debilitating medical conditions. The requirements for completing a request to add a medical condition include: The name of the medical condition or the treatment of the medical condition the individual is requesting be added; A description of the symptoms and how they make it hard to do daily living activities. The availability of conventional medical treatments to provide therapy or comfort for the condition; A summary of the evidence that marijuana will provide therapy or comfort for the medical condition; and Articles, published in peer-reviewed scientific journals, reporting research on the effects of marijuana on the medical condition or the treatment of the medical condition supporting why the medical condition or the treatment of the medical condition should be added.


Who can write a medical marijuana certification for a patient?
Allopathic (MD), Osteopathic (DO), Homeopathic [MD(H) or DO(H)], and Naturopathic [MD(N) or NMD] physicians who have a physician-patient relationship with the patient may write certifications for medical marijuana. The physician must hold a valid Arizona license.


Does the Department provide a list of physicians who will write a medical marijuana certification?
No, the Department does not provide referrals to or recommendations for any physician.


Does the certification from my doctor need to be on a specific form?
Yes, the ADHS certification form must be filled out completely and signed and initialed by the physician providing the written certification.


What if my doctor gave me a form that isn’t in the ADHS format, can I submit that?
No, ADHS will only accept the physician's certification on the ADHS form for medical marijuana.


What documentation do I need from the recommending physician to provide with my application?
A qualifying patient is required to submit a written certification, filled out, signed, and dated by the recommending physician, on a form provided by the Department. On the form, the physician needs to specify the patient’s debilitating medical condition and state that the patient is likely to receive therapy or comfort from marijuana for the debilitating medical condition or its symptoms.


Is a licensed physician required to write medical marijuana certifications to a patient who has a chronic or debilitating condition?
No, nothing in the statute requires a physician to write medical marijuana certifications for a patient.

What if my doctor can’t or won’t write a certification for medical marijuana?
The written certification given to a qualifying patient does not have to come from the physician diagnosing the qualifying patient’s debilitating condition or from the qualifying patient primary care provider. The written certification can be obtained from a different physician whom the qualifying patient has consulted about the qualifying patient’s medical use of marijuana. The physician providing the written certification must state that the physician has made or confirmed the qualifying patient’s debilitating condition and believes the qualifying patient is likely to receive therapy or comfort for the qualifying patient's medical use of marijuana to treat or alleviate the qualifying patient's debilitating medical condition.  In addition, the physician is required to state that the physician has undertaken specific activities that are part of establishing a physician-patient relationship.


What happens if I lose my Arizona registry medical marijuana identification card or it is stolen?
Just as the credit cardholder must notify the issuer of the credit card if it is lost or stolen, a qualifying patient, designated caregiver, or dispensary agent whose registry identification card is lost or stolen must notify the Department. The cardholder can apply at the Department’s website for a replacement card. The cost of a replacement medical marijuana card is $10.


How much marijuana can a qualifying patient possess?
A qualifying patient may possess up to 2 ½ ounces of usable marijuana or 12 marijuana plants.


Where will a qualifying patient be able to smoke or consume medical marijuana?
According to the Arizona Medical Marijuana Act, a qualifying patient may not consume medical marijuana at a dispensary but may eat medical marijuana in foods or use infused products at other locations. State law lists places where a qualifying patient may not smoke medical marijuana, including public places. A qualifying patient who lives in a nursing care institution, hospice, assisted living facility, or adult foster care home or who attends an adult day health care facility may also have to follow restrictions imposed by the facility.


Can a qualifying patient drive while smoking marijuana in Arizona?
No, a qualifying patient cannot drive a motor vehicle while under the influence of marijuana.


My workplace routinely tests for drugs including marijuana. If I’m a qualified patient, what kinds of protection do I have?
The Arizona Medical Marijuana Act states that an employer will not be able to penalize a qualifying patient with a registry identification card for a positive drug test for marijuana, unless the patient used, possessed, or was impaired by marijuana on the employment premises or during hours of employment. If you are unsure how the Act applies to you, consult an attorney licensed to practice law in Arizona.


Can I grow my own medical marijuana in Arizona?
According to Arizona state law, a qualifying patient or the qualifying patient’s caregiver may be allowed to grow medical marijuana only if a medical marijuana dispensary is not operating within twenty-five (25) miles of the qualifying medical marijuana patient’s home. Since no medical marijuana dispensaries will be operating when the first qualifying patients obtain a registry identification card, all qualifying patients will be approved to cultivate marijuana if they request approval to cultivate.


Can I grow marijuana outside?
You can grow marijuana outside if you are authorized to cultivate marijuana and you comply with the Arizona medical marijuana law, growing the marijuana in an enclosed, locked facility: a closet, room, greenhouse, or other enclosed area equipped with locks or other security devices that permit access only by a cardholder. "Enclosed area" is defined in rule as an outdoor space surrounded by solid 10-foot walls constructed of metal, concrete, or stone that prevent any viewing of the marijuana plants, with a one-inch-thick metal gate.


How will I know if I am authorized to grow marijuana?
A qualifying patient who is willing and able to cultivate marijuana for his/her use or wants to have a designated caregiver grow marijuana for the qualifying patient’s use should indicate a desire to cultivate marijuana on the application. The Department will check to see if the qualifying patient’s address is within a 25 mile radius of the nearest operating dispensary. If there is no dispensary within a 25 mile radius of the qualifying patient’s home, the Department will issue the qualifying patient or the designated caregiver a registry identification card indicating authorization to grow marijuana.  If there is a dispensary within a 25 mile radius, the Department will send the qualifying patient a list of all dispensaries along with a registry identification card indicating that the qualifying patient is not authorized to grow marijuana. The registration identification card issued to the qualifying patient’s designated caregiver would also indicate that the designated caregiver is not authorized to grow marijuana.


If I am authorized to grow marijuana, can I also buy it at a dispensary?
Authorization to cultivate marijuana does not prevent a qualifying patient from purchasing medical marijuana from a dispensary. The qualifying patient authorized to grow who purchases medical marijuana from a dispensary is still required to abide by the limit of marijuana the qualifying patient is allowed to have in his/her possession.


How much marijuana can I buy?
A qualifying patient or designated caregiver registered with ADHS will be able to obtain up to 2.5 ounces of marijuana in a 14-day period from a registered nonprofit medical marijuana dispensary.


Where can I legally buy marijuana if I am a qualifying patient?
Qualifying patients can obtain medical marijuana from a dispensary, the qualifying patient's designated caregiver, another qualifying patient, or, if authorized to cultivate, from home cultivation.


Does the Department provide a list of dispensaries? Will the Department provide a list of dispensaries after the dispensaries have been chosen?
When a qualifying patient obtains or renews a registry identification card, the Department will provide a list of all operating dispensaries to the qualifying patient.


Until a dispensary opens in my area, will I be able to grow marijuana?
As long as a dispensary is not operating within 25 miles of a qualifying patient’s home when he or she receives a registry identification card, that card or the registry identification card of the designated caregiver may indicate that marijuana may be grown for the qualifying patient’s medical use.


If I am authorized to grow marijuana and a new dispensary opens within 25 miles of my home, what happens?
When a qualifying patient applies for renewal of the registry identification card, the Department will check to see if the qualifying patient’s address is within a 25 mile radius of the nearest dispensary. If so, the Department will send the qualifying patient a list of all dispensaries along with a registry identification card indicating that the qualifying patient is not authorized to grow marijuana. The registry identification card issued to the qualifying patient’s designated caregiver would also indicate that the designated caregiver is not authorized to grow marijuana. If there is no dispensary within a 25 mile radius of the qualifying patient’s home, the Department will issue the qualifying patient or the designated caregiver a registry identification card indicating the authorization to grow marijuana.


When I get a registry identification card, can I go to any dispensary or am I assigned to the nearest dispensary?
Unlike other medical marijuana programs, a qualifying patient in Arizona is not assigned to a particular dispensary and may purchase medical marijuana at any dispensary. This will allow the qualifying patient to shop for a dispensary offering the best price, most convenient hours of operation, strains of marijuana meeting the qualifying patient’s needs, other services the qualifying patient may want, or other factors important to the qualifying patient.


If I don’t want to designate a caregiver and I am unable to go to a dispensary to buy medical marijuana, can a dispensary deliver the medical marijuana to me?
There is nothing in the statutes or rules that prevent a dispensary from delivering medical marijuana to a qualifying patient. However, the dispensary still has to comply with requirements for verification and recordkeeping specified in state law and rules. The dispensary also has to comply with restrictions imposed by cities or counties in local ordinances that may prevent the dispensary from delivering medical marijuana to qualifying patients.


Will I have to pay tax on medical marijuana?
A dispensary will owe Arizona state, county, and any applicable local retail transaction privilege tax (Arizona’s version of sales tax) on receipts from its sales of medical marijuana in Arizona and any other products it may sell to consumers. As with any retail business, the dispensary is allowed to pass the amount of the tax on to its customers. Note that there is no additional or special tax on medical marijuana at this time.


How will I know if I'm getting medical marijuana?
The rules require labels containing specific information about where the medical marijuana came from, amount and strain, date of manufacture, a list of chemical additives, and other information to be attached to all products sold by medical marijuana dispensaries, including marijuana or products containing marijuana. The label on an marijuana edible product containing marijuana must also state the total weight of the product.


If I have a past conviction for possession or use of marijuana, can I still get a qualifying patient registry identification card?
Yes, Arizona residents who have a written certification from Arizona physicians can obtain qualifying patient registry identification cards. Arizona State law requires background checks for prior “excluded felony offenses” designated medical marijuana caregivers and dispensary agents. 

If I am visiting Arizona from another state from which I have obtained a medical marijuana card, can I legally possess marijuana? May I buy marijuana from a dispensary?
State law allows a visiting qualifying patient with a registry identification card or its equivalent, issued by the qualifying patient’s home state, to possess or use marijuana.  However, a visiting patient is not authorized to obtain marijuana from a dispensary because the dispensary is required in statute to access a verification system before dispensing marijuana.


Can I hold a medical marijuana card for more than one state?
A qualifying patient must show Arizona residency by providing the Department with a copy of the qualifying patient’s Arizona driver’s license, Arizona identification card, Arizona registry identification card, or photograph page in the qualifying patient’s passport. The qualifying medical marijuana patient must also obtain a written certification from an Arizona physician. If a qualifying patient can comply with these requirements, the qualifying patient may obtain an Arizona registry identification card, regardless of whether the qualifying medical marijuana patient also has a medical marijuana card from another state.


Do I have to have a caregiver?
No, a medical marijuana qualifying patient does not need to designate a caregiver; however, a medical marijuana patient may want help with the medical use of marijuana.


Who can be my designated caregiver?
The designated caregiver can be anyone over 21-years-old who does not have an excluded felony offense and agrees to assist the qualifying patient with the medical use of marijuana. A designated caregiver does not have to be a home health aide or other professional caregiver.


How many medical marijuana caregivers may I have?
A qualifying patient may designate only one person at a time to assist with the use of medical marijuana in Arizona.  This designation does not affect the ability of the qualifying medical marijuana patient to use other caregivers with the administration of other medications, activities of daily living, home health care, or other tasks.

Arizona Medical Marijuana Fees and Costs
How much will it cost to apply for a registry identification card or a dispensary registration certificate?
The fees are listed in rules and include: $150 for an initial or a renewal registry identification card for a qualifying patient. Some qualifying patients may be eligible to pay $75 for initial and renewal cards if they currently participate in the Supplemental Nutrition Assistance Program. $200 for an initial or a renewal registry identification card for a designated caregiver. $500 for an initial or a renewal registry identification card for a dispensary agent. $5,000 for an initial dispensary registration certificate. $1,000 for a renewal dispensary registration certificate. $2,500 to change the location of a dispensary or cultivation facility. $10 to amend, change, or replace a registry identification card

Arizona Medical Marijuana Program
Frequently Asked Questions
Designated Caregivers


Can I apply to be a designated caregiver?
No, state law specifies that only a qualifying patient can submit an application designating an individual as the qualifying patient’s designated caregiver.


How can I become a designated caregiver?
A qualifying patient must apply for a designated caregiver, and only if the designated caregiver meets specific requirements. The requirements for a designated caregiver are specified in state law and include that the individual must be at least 21 years of age, agree to assist the qualifying patient in the medical use of marijuana, and have not been convicted of an excluded felony offense. An individual may be a designated caregiver for no more than five qualifying patients. A designated caregiver does not have to be a home health aide or other professional caregiver.


Do I need a separate card for each of my qualifying patients?
Yes. Each patient must apply for you separately as the designated caregiver, so you will have a separate card for each qualifying patient you help.


Can I be both a qualifying patient and a designated caregiver?
Yes, an individual may be both a qualifying patient and the designated caregiver for another qualifying patient as long as the individual meets the requirements for both.


If I am a designated caregiver, can I use marijuana?
A designated caregiver must pledge not to divert marijuana to anyone not allowed to possess marijuana under the Arizona Medical Marijuana Act. Therefore, a designated caregiver may not use marijuana unless the designated caregiver is also a qualifying patient.


If I already have a fingerprint clearance card from another job, why do I need to submit another fingerprint card to be a designated caregiver?
The list of offenses that would prevent a fingerprint clearance card from being issued to a teacher, child care worker, or other individuals required to obtain these, is not the same as the list of “excluded felony offenses” for which designated caregivers are checked. Therefore, all designated caregivers are required to submit fingerprints in a Department-provided format as part of the applications for registry identification cards unless their fingerprints were submitted within the previous six months as part of another application to the medical marijuana program.


Will I need to send in prints every year with the renewal application?
Designated caregivers must submit prints at renewal (yearly), unless the designated caregiver has submitted fingerprints for a different registry identification card in the previous 6 months.


If I am a designated caregiver, can I grow marijuana?
A designated caregiver can grow marijuana for a qualifying patient’s medical use only if the qualifying patient’s home is more than 25 miles from the nearest dispensary and the qualifying patient has designated the caregiver as the one who should be approved to cultivate marijuana on the qualifying patient’s behalf. The amount of marijuana a designated caregiver may grow or possess is limited by the number of qualifying patients who the designated caregiver is assisting.


What if I live less than 25 miles from a dispensary, but the qualifying patient does not? Can I grow medical marijuana?
When a qualifying patient lives more than 25 miles from a dispensary and has authorized the designated caregiver to grow, the caregiver may cultivate marijuana on the qualifying patient’s behalf. The amount of marijuana a designated caregiver may grow or possess is limited by the number of qualifying patients who the designated caregiver is assisting.


What if my qualifying patient lives less than 25 miles from a dispensary, but I don’t. Can I grow medical marijuana?
When a qualifying patient lives less than 25 miles from a dispensary, neither the patient nor the qualified caregiver will be authorized to grow marijuana.


How much can I grow?
The amount of marijuana a designated caregiver may grow or possess is limited by the number of qualifying patients who the designated caregiver is assisting. It is limited to 12 plants per qualifying patient.


Can I grow outside?
Designated caregivers can grow marijuana outside when authorized to grow marijuana and who comply with the law, growing the marijuana in an enclosed, locked facility: a closet, room, greenhouse, or other enclosed area equipped with locks or other security devices that permit access only by a cardholder. "Enclosed area" is defined in rule as an outdoor space surrounded by solid 10-foot walls constructed of metal, concrete, or stone that prevent any viewing of the marijuana plants, with a one-inch-thick metal gate.


Costs
How much will it cost to apply for a registry identification card or a dispensary registration certificate?
The fees are listed in rules and include: $150 for an initial or a renewal of an Arizona medical marijuana registry identification card for a qualifying medicalmarijuana patient. Some qualifying patients may be eligible to pay $75 for initial and renewal cards if they currently participate in the Supplemental Nutrition Assistance Program. $200 for an initial or a renewal registry identification card for a designated caregiver. $500 for an initial or a renewal registry identification card for a dispensary agent. $5,000 for an initial medical marijuana dispensary registration certificate. $1,000 for a renewal medical marijuana dispensary registration certificate.
$2,500 to change the location of an Arizona medical marijuana dispensary or cultivation facility. $10 to amend, change, or replace a medical marijuana registry identification card

Medical Marijuana Links