“Can I grow Marijuana in Arizona?” – a question on many Arizonians’ minds. And the answer will depend on whether the Smart and Safe Arizona Act passes in November 2020.
It is currently legal to grow medical Marijuana in Arizona, but since the adult-use has not yet been legalized in the state, only registered patients or their caregiver, living more than 25 miles from a registered dispensary can do so. If you live close to a dispensary, you cannot grow your own medicine.
If the Smart and Safe Arizona Act passes these regulations for home growing marijuana would change drastically – all adults of at least 21 years of age residing in Arizona could grow their own cannabis if it passes.
Can I Grow Marijuana According to the Medical Marijuana Laws in Arizona?
You can only grow marijuana in your home in Arizona if you are a registered patient or caregiver living more than 25 miles from a state licensed dispensary facility.
Patients are allowed to grow up to 12 marijuana plants, as long as they are located in an enclosed, locked facility.
The Arizona Medical Marijuana Rules defines “Enclosed area” when used in conjunction with “enclosed, locked facility” as outdoor space surrounded by solid, 10-foot walls, constructed of metal, concrete, or stone that prevent any viewing of the marijuana plants, and a 1-inch thick metal gate.
If you are a qualifying patient, you do have to request authorization for cultivating marijuana plants when applying for your identification card, if you believe that you reside at least 25 miles from the nearest medical marijuana dispensary.
You also notify if you are designating your caregiver to do the cultivation for your medical use.
Authorization to Cultivate MMJ in Arizona
To request authorization to cultivate marijuana based on a qualifying patient’s current address or a new address, they have to submit to the Department Of Health Services, if applicable within 10 working days after the change in address, the following:
- The qualifying patient’s name and the registry identification number on the qualifying patient’s current
- registry identification card; If the qualifying patient’s address is a new address, the qualifying patient’s:
- Current address,
- New address,
- The county where the new address is located, and
- The effective date of the qualifying patient’s new address;
- The name of the qualifying patient’s designated caregiver, if applicable;
- Whether the qualifying patient is requesting authorization for cultivating marijuana plants for the qualifying patient’s medical use because the qualifying patient believes that the qualifying patient resides at least 25 miles from the nearest operating dispensary;
- If the qualifying patient is requesting authorization for cultivating marijuana plants, whether the qualifying patient is designating the qualifying patient’s designated caregiver to cultivate marijuana plants for the qualifying patient’s medical use; and
- The applicable fee for applying to:
- Amend a qualifying patient’s registry identification card; and
- If the qualifying patient is designating a designated caregiver for cultivation authorization, amend a designated caregiver’s registry identification card.
How Much Can I Grow According to the Safe and Smart Arizona Act
According to the Safe and Smart Arizona Act, to be decided in November 2020, you can grow up to six plants for personal use at your primary residence if you are 21 years of age or older, as long as:
- Not more than twelve plants are produced at a single residence where two or more individuals who are at least 21 years of age reside at one time
- The cultivation takes place within a closet, room, greenhouse or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors.
- Cultivation takes place in an area where the marijuana plants are not visible from public view without the use of binoculars, aircraft or other optical aids.
Here is the full text of the Safe and Smart Arizona Initiative
Can I Sell What I Grow Home in Arizona?
In Arizona, home growers can’t profit from selling their home grown. Selling marijuana without state and local licensing is illegal.
However, gifting marijuana and marijuana products to adults over 21 in Arizona, is not illegal.
You can gift up to 1 ounce or less of marijuana, of which not more than five grams may be in the form of marijuana concentrate.
“Transferring one ounce or less of marijuana, of which not more than five grams may be in the form of marijuana concentrate, to an individual who is at least twenty-one years of age if the transfer is without remuneration and is not advertised or promoted to the public.”
Do i need a license to grow marijuana in Arizona
To grow marijuana in your home in Arizona:
- According to the MMJ Rules, you have to request authorization to cultivate marijuana in your home when submitting your registry application
- According to the Smart and Safe Act you don’t need a license but do need to register.
Don’t miss out on our Marijuana Legalization Map where you can browse the current status of laws in every state in the United States and see all our posts on each of them.
Check Out:
- Tom Howard at CannabisIndustryLawyer.com
- Miggy at Cannabis Legalization News
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