ARS § 36-2812

ARS § 36-2812 2017-02-12T07:33:36+00:00

Arizona Revised Statutes Section 36-2812 -Affirmative defense

A. Except as provided in section 36-2802, a qualifying patient and a qualifying patient’s designated caregiver, if any, may assert the medical purpose for using marijuana as a defense to any prosecution of an offense involving marijuana intended for a qualifying patient’s medical use, and this defense shall be presumed valid where the evidence shows that:

1. A physician states that, in the physician’s professional opinion, after having completed a full assessment of the qualifying patient’s medical history and current medical condition made in the course of a bona fide physician-patient relationship, the qualifying patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the qualifying patient’s debilitating medical condition or symptoms associated with the qualifying patient’s debilitating medical condition.

2. The qualifying patient and the qualifying patient’s designated caregiver, if any, were collectively in possession of a quantity of marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating the qualifying patient’s debilitating medical condition or symptoms associated with the qualifying patient’s debilitating medical condition.

3. All marijuana plants were contained in an enclosed locked facility.

4. The qualifying patient and the qualifying patient’s designated caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use or transportation of marijuana, paraphernalia or both, relating to the administration of marijuana solely to treat or alleviate the qualifying patient’s debilitating medical condition or symptoms associated with the qualifying patient’s debilitating medical condition.

B. A person may assert the medical purpose for using marijuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (A).

C. If a qualifying patient or a qualifying patient’s designated caregiver demonstrate the qualifying patient’s medical purpose for using marijuana pursuant to this section, the qualifying patient and the qualifying patient’s designated caregiver shall not be subject to the following for the qualifying patient’s medical use of marijuana:

1. Disciplinary action by a court or occupational or professional licensing board or bureau.

2. Forfeiture of any interest in or right to non-marijuana, licit property.

Caution: 1998 Prop. 105 applies.  This text is current as of 12/26/10.  Check here for updates.