What is Proposition 203 or the Arizona Medical Marijuana Act?
Proposition 203 allows a “qualifying patient” who has a “debilitating medical condition” to obtain an “allowable amount of marijuana” from a “nonprofit medical marijuana dispensary” and to possess and use the marijuana (cannabis) to treat or alleviate the debilitating medical condition or symptoms associated with the condition. Under Proposition 203, the Arizona Department of Health Services (ADHS) is required to adopt and enforce a regulatory system for the distribution of marijuana for medical use, including a system for approving, renewing and revoking the registration of qualifying patients, designated caregivers, nonprofit dispensaries, and dispensary agents. The costs of the regulatory system will be paid from application and renewal fees collected, civil penalties imposed, and private donations received pursuant to this proposition.
A “qualifying patient” is defined in Proposition 203 as a person who has been diagnosed by a physician (a doctor of medicine, osteopathy, naturopathic medicine, or homeopathy) as having one of the following debilitating medical conditions:
A qualifying patient registered with the Arizona Department of Health Services (or a registered designated caregiver on behalf of the qualifying patient) will be able to obtain up to 2.5 ounces of marijuana in a 14-day period from a registered nonprofit medical marijuana dispensary. If the qualifying patient’s home is located more than 25 miles from the nearest nonprofit medical marijuana dispensary, the patient or designated caregiver will be able to cultivate up to 12 marijuana plants in an enclosed, locked facility.
Proposition 203 generally provides that any person who acts in conformity with the requirements of the proposition is not to be subjected to any governmentally imposed sanction relating to the medical use of marijuana.
This proposition will prohibit certain discriminatory practices, including:
Proposition 203 does not:
According to the Arizona Medical Marijuana Act, a qualifying patient may not consume medical marijuana at a dispensary. The law lists other places where a qualifying patient may not smoke medical marijuana, including public places, but allows qualifying patients to consume marijuana-infused edible food products in public. 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.
How can I get a qualifying patient registry identification card to use medical marijuana?
The qualifying patient will have to obtain a written certification for medical marijuana from a physician (medical doctor, osteopath, naturopath, or homeopath) who makes or confirms a diagnosis of a debilitating medical condition for the qualifying patient. In the written certification, the physician will need to state that the physician agrees to assume responsibility for providing management and routine care of the qualifying patient’s debilitating medical condition. The physician will also need to attest to having conducted an in-person physical examination of the qualifying patient appropriate to the qualifying patient’s symptoms and the debilitating medical condition.
The designated caregiver can be anyone over 21 who does not have an excluded felony offense and agrees to assist the qualifying patient with the qualifying patient’s medical use of marijuana. A designated caregiver does not have to be a home health aide or other professional caregiver.
A qualifying patient may designate only one individual to assist the qualifying patient with the use of medical marijuana. This designation does not affect the ability of the qualifying patient to use other caregivers to assist the qualifying patient with the administration of other medications, activities of daily living, home health care, or other tasks.
According to the draft rules, the costs will be:
You can get certified in our office for the legal use of medical marijuana as long as you have one of the qualifying conditions.
Contact Us for more information and to schedule your appointment.
(To be provided once final rules are available 3/28/11)
For More Information
Visit the official Division of Public Health Services – Medical Marijuana Program FAQs website.