UPDATE: Arizona Prop 207 Passes, legalizing marijuana THIS ARTICLE HAS BEEN UPDATED ON NOVEMBER 9, 2020 TO REFLECT LEGAL CHANGES IN STATE LAW AS ARIZONA VOTERS OVERWHELMINGLY PASSED PROPOSITION 207 TO LEGALIZE ADULT RECREATIONAL MARIJUANA USE, POSSESSION OF UP TO AN OUNCE OF MARIJUANA (NOT MORE THAN 5 GRAMS OF CONCENTRATE), WILL EXPUNGE CERTAIN MARIJUANA CONVICTIONS, PERMIT ADULTS TO GROW THEIR OWN MARIJUANA, AND OPEN RECREATIONAL MARIJUANA DISPENSARIES. PUBLIC MARIJUANA USE WILL BE PUNISHABLE AS A PETTY OFFENSE ONLY.  Arizona and Federal Cultivation Laws Marijuana laws are rapidly changing across the country, putting marijuana into a legal purgatory, straddling the line between legitimate business and black market. At the time of this writing, marijuana is illegal both under Arizona law, and under federal law. Arizona has permitted medical marijuana to be cultivated, distributed, and possessed, by qualified patients and dispensaries. GROWING YOUR OWN MEDICAL MARIJUANA Patients may only grow their own marijuana if the nearest dispensary to their home is more than 25 miles away. For most in Tucson, this is not the case, as Tuscon has numerous dispensaries, located across all sides of town. A license is required, and can be obtained from the Arizona Department of Health Services (click here for the application). Cultivation must be done in a locked, place, away from public view, and accessible only to a cardholder or caregiver. Those permitted to grow marijuana for their own use are limited to growing 12 plants, and may not sell marijuana unless licensed as a dispensary. Since the passage of Prop 207, adults may grow up to 6 plants. A household with two or more people 21+ may grow up to 12 plants. This will still be a technical violation of federal law, but federal authorities are very unlikely to enforce marijuana cultivation laws for small grows. Growing more than 12 plants, selling marijuana, or even sharing marijuana for free with someone who is not a medical marijuana cardholder will result in felony charges under Arizona law (see below). Arizona's medical marijuana laws are an exception to Arizona's harsh drug laws, and falling outside of the exception in any way can result in very serious consequences. Legalization is also limited, and breaking the bounds of the permitted possession, use, and growing will still result in criminal charges. LICENSED COMMERCIAL GROW OPERATIONS The Arizona Department of Health Services issues dispensary licenses to qualified applicants. Dispensaries can then register an additional location as a "cultivation site" by submitting an additional application (and fee). There are numerous requirements, as applicants must have been residents for at least three years, must employ a licensed doctor, and must follow strict rules for registration and approval to operate. Read more about the requirements to set up a licensed medical marijuana grow operation in Arizona. Despite legalizing medical marijuana, Arizona still has very strict laws banning cultivation of marijuana. Grow operations that fail to properly obtain all necessary licensing and approval will likely result in serious charges. Additionally, federal law does not permit cannabis grow operations, regardless of state medical marijuana laws. ARIZONA LAW BANNING CULTIVATION Unlicensed cannabis grow operations, and even licensed grow operations that fail to follow all of the rules can quickly lead to felony charges in Arizona. Arizona Revised Statutes 13-3405(A)(2-3) ban producing marijuana, or possessing marijuana for sale. Cultivation of marijuana with a quantity of less than two pounds is a Class 5 felony, but can also charged along with possession for sale, a Class 4 felony. For a weight between two and four pounds, cultivation is a Class 4 felony and possession for sale is a Class 3 felony. For weights in excess of four pounds, cultivation is a Class 3 felony, and possession for sale is a Class 2 felony. Accordingly, grow operations can result in very serious charges, including punishment of over a decade in prison, and $150,000 fine. Even more disturbing, is the designation of repeat drug trafficking offenders as "serious drug offenders" which imposes a life sentence on third time offenders. Again, this is now subject to new legalization laws, where qualifying smaller grows will not be a violation of Arizona law. FEDERAL LAWS PUNISHING CULTIVATION Federal law permits the government to prosecute marijuana grow operations, even when those operations are in compliance with state medical marijuana laws. Licensed medical marijuana grow operations have been less of a federal enforcement priority than unlicensed grow operations, but both can result in serious federal charges. Federal marijuana laws will focus on only large-scale marijuana grow operations. Under Federal law, sale or cultivation of up to 50 plants or 50 kg is punishable by 5 years in prison and a $250,000 fine. Cultivation or sale of 50-99 plants or 50-99 kg of marijuana/cannabis is punishable by up to 20 years in prison and a $1,000,000 fine. Cultivation or sale of 100-999 plants or 100-999 kg of marijuana/cannabis is punishable by up to 40 years in prison and a $1,000,000 fine. Operations involving 1000 plants or more can result in life imprisonment, and carries a 10 year mandatory minimum sentence. If you or a loved one has been arrested or charged with a crime relating to a marijuana/cannabis grow operation, you need an attorney who understands the complex laws that govern this field. Contact us now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney to discuss your case, and find out how we can help you get the best result possible in your case. 520-585-5757 TUCSON CRIMINAL DEFENSE ATTORNEY
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