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Cultivation of Marijuana in Arizona

Cultivation of Marijuana

Cultivation of Marijuana in the state of Arizona is a punishable crime which carries a mandatory prison sentence. A.R.S. §13-3405(A)(3) states that it is illegal to knowingly produce or cultivate marijuana plants in a backyard planter or in a hydroponic garden indoors.

Medical Marijuana Act, Arizona

The Arizona Medical Marijuana Act (AMMA) (A.R.S. § 36-2801) was implemented in 2010 in an effort to tightly regulate the medical marijuana industry in Arizona. Currently, there are approximately 56,000 medical marijuana patients in Arizona, who are located within 25 miles of a nearest dispensary. There are 100 operating state-licensed dispensaries in Arizona serving medical marijuana patients who hold a medical marijuana card.

Qualifying Patients

Patients who have registered with the ADHS and have been issued a registry identification card can qualify for the medical marijuana program. The patient must be 18 years or older, must have a valid Arizona Driver’s License or Arizona Identification card, must have an Arizona residential address, and must have a minimum of one qualifying condition.

Qualifying Conditions

Some of the qualifying conditions for the Arizona Medical Marijuana Program are listed below:

  • Alzheimer’s Disease
  • Cachexia or wasting syndrome
  • Cancer
  • Chronic pain
  • Crohn’s Disease
  • Glaucoma
  • Hepatitis C
  • HIV (Human Immunodeficiency Virus) or AIDS (Acquired Immune Deficiency Syndrome)
  • Lou Gehrig’s disease (Amyotrophic Lateral Sclerosis / ALS)
  • Persistent Muscle Spasms (including Multiple Sclerosis)
  • PTSD (Post-traumatic stress disorder)
  • Seizures, especially those characteristic to epilepsy
  • Severe Nausea

Patients need to have medical records for the past at least 12 months which have to be presented to a medical marijuana doctor of their choosing. The physician will then provide a written certification to allow the patient to obtain up to 2.5 ounces of marijuana in a 14 day period.

Home Cultivation

If the patient resides more than 25 miles from a state-licensed dispensary facility, they can grow no more than 12 marijuana plants in an “enclosed, lock facility.” The patient will need permission in order to legally grow marijuana in Arizona, and they will need to figure out where to cultivate the marijuana. The plants can’t simply be grown out on the garden or backyard. They have to be grown in a locked, enclosed area, away from public view. It could be inside a shed, greenhouse, or a gated enclosure with 10-foot walls made with concrete or solid metal.

Punishments for Cultivation of Marijuana

Cultivating or growing marijuana in a backyard planter or in an indoor hydroponic garden is considered a felony crime in Arizona. If a person possesses between 2 – 4 lbs of marijuana for personal use, it is a felony.

  • A first offense for cultivation of marijuana has a mandatory prison sentence of 6 months up to 2.5 years.
  • A second offense has a mandatory minimum prison sentence of 1 year up to 3.75 years.
  • A third offense has a mandatory minimum prison sentence of 3 years up to7.5 years.

Get Legal Assistance

Defending a Growing of Marijuana charge in Arizona is crucial. Since it is a felony crime, it carries minimum prison sentence, and there is no chance of a dismissal, reduction of charges, or an acquittal without getting help from an expert criminal defense attorney. You need to get in touch with a criminal defense lawyer who is familiar with the Cultivation of Marijuana laws in Arizona and has successfully defended similar charges before. Call DM Cantor Drug Lawyers at (602) 461-8625 to prepare a strong defense which will help reduce the Cultivation of Marijuana charges you are facing.

Author Bio:

Motorcycle Accident Lawyer in Oakland & San Francisco, CA, Attorney Michael Padway. Been in a motorcycle Accident, call (888) 373-5595 FREE Initial Consultation.

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