Law on Marijuana Cultivation in Arizona
Arizona Revised Statutes § 13-3405 makes it illegal for a person to “knowingly produce marijuana.” Since marijuana is a plant, this generally means to cultivate or grow cannabis. This covers a broad range of possible activities, from establishing growhouses to setting up hydroponic equipment in a home to growing a single plant in a pot on the window sill.
Under constitutional law, people have a heightened expectation of privacy. Police have tried many tactics to obtain the probable cause necessary for a warrant that have been successfully challenged as violating that expectation of privacy, including using infrared sensors to determine whether there are devices capable of producing the heat necessary for cultivation.
The Law Office of James E. Novak | Mesa Cannabis Grow House Attorney
If you’ve been charged with cultivating or producing marijuana in the Tempe area, experienced Tempe marijuana cultivation lawyer James E. Novak can defend you. James Novak is a former prosecutor who understands both sides of the criminal justice system in Arizona, and will put that knowledge and experience to work for you. He will carefully examine the evidence the prosecution brings forward, and how the police obtained that evidence, looking for challenges so your charges are reduced or dismissed. Call the Law Office of James E. Novak today at (480) 413-1499 or send an online message for a free consultation.
You can only grow “weed” under two conditions. If you are a medical user, you can grow up to 12 plants in your home. This is only allowed if you do not have a dispensary within 25 miles of your home. The plants can only be grown in a locked facility. Somewhere like a greenhouse, closet, or room that is completely enclosed. It will have to secure with security devices and locks. The only person that can be in the room, is the licensed cardholder. You will also need ADHS to license you as a medical marijuana cultivator. In some cases, the ADHS may also allow you to be a caregiver. As a caregiver, you will be able to grow marijuana for 1-5 patients.
You might think that because Arizona and Colorado are neighbors, that Arizona might adopt the same laws as Colorado when it comes to marijuana. However, this is not the case. Arizona has some of the strictest laws in the country. In November of 2016, there was a measure that would have legalized marijuana. It was called Proposition 205. It failed by a narrow margin, and Arizona still has some of the strongest laws known in the United States.
If you find yourself charged with possession of marijuana, you will want to get legal representation as soon as possible. A good legal team should be able to help you get the charges reduced. In some cases, especially if it is your first offense, you can go to a drug treatment program where your charges will be dismissed upon the successful completion of the program.
Where to Purchase Medical Marijuana?
The current law states that only those with a medical marijuana ID can consume marijuana. If you are allowed to smoke medical marijuana, you can only do it privately. In the state of Arizona, it is prohibited on public transportation, and in any public place. It is also illegal to use it at a dispensary. Not only could you get into trouble, but you could also get the dispensary in trouble as well, they could even lose their license to sell.
If you choose to consume marijuana in edible form, there is no law stating that you cannot do this in public. However, you cannot operate a vehicle, or do anything that might constitute negligence when consuming marijuana products.
Arizona marijuana is also known as cannabis. It is labeled as a Schedule 1 controlled substance. This law also includes all the different forms of marijuana, including concentrates and edibles. If you are caught with any form of cannabis, you will face a felony charge under the ARS 13-3405. The charges for possession of marijuana will depend on how much you have, and what the specific charge is.
Rules for Possession of Marijuana
Proposition 203 was first defeated in 2002 but the Arizona Medical Marijuana Act eventually passed in 2010 by the voters in Arizona. If you want to use medical marijuana in Arizona, you will have to be registered with the Arizona Department of Health Services, and have a registry identification card. To qualify you must:
If you do not have a medical card, and you are caught with marijuana in your possession, you will face some pretty stiff consequences. Here are some of the consequences that you may face: