Legal Standing of Cannabis for Arizona

Arizona Marijuana / Cannabis Medical Use Law: Legal

  • Proposition 203: Passed on November 12, 2010, to legalize the medical use of cannabis. 50.1% of Arizona residents voted in favor.
  • Must have a registry identification card issued by the Arizona Department of Health Services – Medical Marijuana Program
  • A qualifying patient or designated caregiver is allowed up to 2 1/2 ounces of usable marijuana; and
  • If the qualifying patient or designated caregiver’s registry identification card states that the qualifying patient is authorized to cultivate marijuana, 12 marijuana plants contained in an enclosed, locked facility except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the qualifying patient or designated caregiver is moving.

Arizona Recreational Marijuana / Cannabis Recreational Use Law: Illegal

  • Proposition 205 in 2016 to legalize the recreational use of cannabis failed with 48.7% of the voting in favor and 51.3% voting against.

Medical Marijuana in Arizona

The Arizona Revised Statutes (A.R.S.) represent the statutory laws of the state of Arizona.  The A.R.S. and the Arizona Medical Marijuana Rules each contain requirements applicable to the Arizona Medical Marijuana Program. Accordingly, to fully understand all the requirements applicable to the Arizona Medical Marijuana Program, the A.R.S. and the Arizona Medical Marijuana Rules should be read in conjunction with each other.

Medical Marijuana Facility Licensing

A medical marijuana dispensary registered with ADHS must be operated on a not-for-profit basis but will be able to receive payment for expenses incurred in its operation.

The Department can issue no more than one nonprofit medical marijuana dispensary registration certificate for every ten pharmacy permits issued by the Arizona State Board of Pharmacy under current law.

A dispensary can cultivate marijuana only in an enclosed, locked facility.
A dispensary can acquire marijuana from other registered nonprofit dispensaries or from a registered qualifying patient or designated caregiver if the patient or caregiver is not compensated for the marijuana. State law and rules specify various security, record-keeping, and verification requirements a registered dispensary will have to follow relating to the operation of the dispensary.

The department shall accept dispensary registration certificate applications for 10 working days beginning 30 days after the Department posts on the ADHS website that it will be accepting applications.

Only an individual who is at least 21 years of age and has passed a criminal record check for an excluded felony offense may be a principal officer or board member on an application for a dispensary registration certificate. There are other conditions that may affect the ability to obtain a dispensary registration certificate.

ADHS rules require the department to allocate dispensary registration certificates by 60 working days after the department begins accepting applications.

At least 60 days before the expiration date of a dispensary registration certificate, an entity holding a registration certificate shall apply for and obtain an approval to operate a dispensary from the Department before operating. Keep in mind that an application for approval to operate a dispensary is not complete until the Department receives written notice that the dispensary is ready for an inspection. To learn more about how to submit an application for approval to operate a dispensary, see the links below:

Approval to Operate Application Checklist

Approval to Operate Application Instructions

Approval to Operate Application

Medical Marihuana Facility Licensing Application

Medical Marihuana Facility Licensing Application Form