Marijuana Cultivation Laws in Arizona

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 What Is Marijuana Cultivation?

There has been a lot of shift in how marijuana is viewed as a controlled substance during the last several years. Growing marijuana for personal use was once considered unlawful drug cultivation in all 50 states.

Prop 207, a statewide ballot initiative legalizing the possession, consumption, and commercial sale of marijuana for adults, was approved by Arizona voters. Adults may grow up to six plants in their homes for non-commercial uses.

The legislation went into force on November 30, 2020.

An adult may transfer up to six plants to another adult if there is no remuneration and the transfer is not publicized or promoted.

Producing more than six plants and up to 2 pounds of marijuana is a Class 5 felony punishable by a minimum of 9 months in prison, a maximum of 2 years in prison, and a minimum punishment of $1000 or a fine to exhaust the proceeds of the drug offense.

If probation is granted following a conviction for this violation, the offender must serve 240 hours of community service.

Producing 2-4 pounds of marijuana is a Class 4 felony punishable by a minimum penalty of 1.5 years, a maximum term of 3 years, and a minimum punishment of $1000 or a fine equal to the drug offense’s revenues.

Producing more than 4 pounds of marijuana is a Class 3 felony punishable by a minimum 5-year term, a maximum 7-year imprisonment, and a minimum $1000 fine or a fee to exhaust the proceeds of the drug offense.

Who Is Allowed to Use Marijuana in Arizona?

With the success of Proposition 207, more Arizona residents will be able to use marijuana in the state. Previously, only those with an Arizona medical cannabis card were permitted to use marijuana.

The new legislation extends this to all adults above the age of twenty-one.

Notably, persons under the age of twenty-one must still be medically qualified before purchasing or using marijuana. In contrast, those over twenty-one can purchase no more than one ounce at a time. The limit for medical marijuana users is 2.5 ounces purchased over the course of fourteen days.

Are There Any Limits on Adult Marijuana Use?

While Arizona is becoming more friendly to marijuana users, certain regulations remain in place to safeguard public safety.

Residents, for example, are still not permitted to drive after smoking marijuana. That might be a DUI violation, and breaking that regulation could land you in serious trouble.

Marijuana users are also not permitted to smoke in public. If you want to use marijuana, you should stay at home.

Adult Marijuana Cultivation

The regulations surrounding marijuana cultivation have altered significantly as a result of the approval of Proposition 207. Adults above the age of 21 now have greater freedom in this regard.

Adults over the age of twenty-one can now grow their own marijuana plants under the new laws. An adult is only allowed to grow six marijuana plants in their residence. You can grow up to twelve marijuana plants in your house if two or more eligible people live there.

Another thing to keep in mind is that you must find an acceptable location to grow the marijuana plants before you begin production. The plants cannot be grown anyplace.

Cultivators must cultivate marijuana plants in a safe, enclosed location, such as a room or closet. Minors must not have access to the marijuana plant cultivation area.

Cultivation of Medical Marijuana

Medical marijuana patients and caregivers who live a specified distance from a dispensary can cultivate marijuana plants at home. Medical marijuana patients and caregivers can grow their own plants if they live 25 miles or more from a dispensary.

Individuals who grow marijuana for medical purposes can have up to twelve plants.

How to Obtain an Arizona Marijuana License

To become a cultivator in Arizona, you must first open a dispensary. This can be done before or after the fact, but the Department must allow it. Before applying, all elements of your operation must be documented in a process map so that you can present verification of procedures, processes, inventory, and location.

Cost of an Arizona Commercial Grow License

The registration fee for becoming a dispensary in Arizona is $5000, with a renewal fee of $1000.

If you decide to relocate your dispensary or add a new location, such as a growing site, you will be charged an additional $2500. Obtaining an Arizona cultivation license will cost you roughly $7500.

Can You Sell Marijuana Plants That You Grow At Home?

Individuals in Arizona are still not permitted to sell marijuana plants grown at home. You can’t just go out and buy a plant and sell it to a friend whenever you want. This could result in you being charged with a crime and facing the consequences.

To sell marijuana, you must first register as a marijuana establishment.

What Is a Marijuana Dispensary?

A marijuana establishment is a retail location authorized by the state of Arizona to sell and cultivate marijuana. More specifically, the licensee at that institution is entitled to sell marijuana and other marijuana products to adults over the age of 21.

Individuals who want to become licensed for marijuana enterprises can begin preparing their applications right away. Early applications for marijuana shops will be accepted beginning January 19, 2021, and ending March 9, 2021.

Interested licensees must meet specific requirements.

The prospective licensee must first seek to establish themselves in a county with no more than two non-profit medical marijuana stores.

Medical marijuana dispensaries that are not for profit may also apply to become marijuana establishments. The dispensary must be registered and have no outstanding concerns with the Arizona Department of Health Services for their application to be approved.

What Happens If a Non-Profit Medical Marijuana Dispensary Is Permitted to Operate as a Marijuana Business?

As previously stated, non-profit medicinal marijuana shops may apply to operate as marijuana establishments. What does applying for that additional classification entail?

A medical marijuana dispensary will be able to serve more people once it has been awarded a license to operate as a marijuana facility. The institution can continue to serve qualifying patients with marijuana. At the same time, the business will be permitted to sell marijuana to adults of legal drinking age.

Can Marijuana Use Affect a Person’s Employment Status?

Your employer will determine whether or not you are permitted to consume marijuana at work. Employers are still authorized by law to keep marijuana out of their offices, and as an employee, you must obey.

It should be noted that authorized medical marijuana users are an exception to this law. If you want to learn more about potential medicinal marijuana use in the workplace, speak with a lawyer.

Proposition 207 relaxes the state of Arizona’s previous limitations on marijuana use and growing. You should now be more informed about what you can legally do with marijuana.

Can a Criminal Attorney Help Me With My Drug Case?

A qualified Arizona drug lawyer can assist you if you have been charged with a marijuana-related offense or if you have questions about the legal use and cultivation of marijuana. Your attorney can advise you of your legal rights and options regarding cultivation in Arizona.

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