Cannabis
in Arizona Dispensaries, Deals & Laws

Under Proposition 207, the Smart and Safe Arizona Act, adults 21 and older may possess up to 1 ounce of marijuana, of which no more than 5 grams may be concentrate, according to the Arizona Department of Revenue. Possessing more than 1 ounce but less than 2.5 ounces is a petty offense with a civil penalty of up to $100. Above 2.5 ounces, the ordinary criminal penalties under Ariz. Rev. Stat. 13-3405 apply, including felony charges. Registered medical patients have a higher limit: A.R.S. 36-2801 allows a qualifying patient up to two and a half ounces of usable marijuana, and patients may obtain that amount from dispensaries within each 14-day period.

Adult-use cannabis is limited to people 21 and older under Proposition 207, and 21 is also the minimum age for growing at home. Possession by people under 21 is penalized on an escalating scale: a first offense involving less than an ounce brings a civil fine of up to $100 and drug education, a second is a petty offense, and a third is a class 1 misdemeanor. Younger people can still use cannabis medically. The medical program accepts applicants 18 and over, and minors can take part if a parent or legal guardian registers as their designated caregiver; minors also need certifications from two physicians. Designated caregivers must be at least 21 under A.R.S. 36-2801.

Adults 21 and older may grow up to six plants at their primary residence under Proposition 207, and up to 12 plants where two or more adults live in the same home. The plants must be kept in an enclosed, locked area. Adults may also give up to six plants to another adult, provided no payment or promotion is involved. The medical program is more restrictive. A.R.S. 36-2801 lets a registered patient grow up to twelve plants in an enclosed, locked facility only if the patient is authorized to cultivate, and that authorization has applied to patients who live more than 25 miles from the nearest dispensary.

The Arizona Department of Health Services is the state's cannabis regulator. It licenses and regulates the marijuana establishments that serve adults under Proposition 207, codified in Title 36, Chapter 28.2 of the Arizona Revised Statutes, and it administers the Arizona Medical Marijuana Program, issuing registry identification cards to patients, caregivers, dispensary agents and laboratory agents. The Arizona Department of Revenue handles taxation, collecting the adult-use excise tax and transaction privilege tax and registering businesses for both. Tribal nations set their own rules on their land, and most Arizona tribes still treat cannabis as a controlled substance.

Adult-use sales carry a 16 percent excise tax on top of the state and local transaction privilege tax, Arizona's equivalent of a sales tax, according to the Arizona Department of Revenue. Businesses must hold both a transaction privilege tax license and a marijuana excise tax registration, and the excise registration cannot be done online; it requires paper forms. Medical marijuana is exempt from the 16 percent excise tax. Excise revenue is divided among community colleges, which receive about a third, police and fire departments, the state highway fund, justice reinvestment programs and attorney general enforcement.

The Arizona sources gathered here describe no licensed consumption lounges and no on-site consumption at dispensaries. Proposition 207 prohibits cannabis use in public places and open spaces, and public use is a petty offense; one visitor guide reports fines of up to $500 for a first offense. Use is allowed only in private, non-public spaces with the property owner's consent. Most hotels prohibit smoking cannabis in rooms, apart from a few cannabis-friendly establishments. Employers may ban use at work, and use is also barred near schools, on federal land and on tribal land, where penalties can reach $5,000 and six months in jail.

The Arizona Department of Health Services runs the Arizona Medical Marijuana Program. A patient first sees an eligible practitioner, who must complete a full assessment of the patient's medical history and then issue a written certification naming the qualifying condition, as A.R.S. 36-2801 requires. The patient then creates an account on the program's website and submits the certification, a signed patient attestation, a photo and proof of identity and residency, together with the state fee. Applications are processed within about ten business days and a digital registry card is issued. Adults 21 and older can shop at adult-use dispensaries without a card, but only cardholders get the medical possession limit and the excise tax exemption.

A.R.S. 36-2801 sets a closed list of debilitating medical conditions. It names cancer, glaucoma, HIV/AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease and agitation of Alzheimer's disease, and post-traumatic stress disorder was added on January 1, 2015. It also covers any chronic or debilitating disease that produces cachexia, severe chronic pain, severe nausea, seizures or severe muscle spasms. Physicians cannot certify a condition outside this list, and anxiety, depression, ADHD and insomnia on their own do not qualify. The Department of Health Services accepts petitions to add new conditions each January and July.

Applicants must live in Arizona and be at least 18; minors apply with a parent or legal guardian registered as their designated caregiver. An application to the Department of Health Services includes a physician certification form, a signed qualifying patient attestation, a photo, and a valid Arizona driver's license, Arizona ID card or U.S. passport. Certifying practitioners may be state-licensed MDs, DOs, naturopathic or homeopathic physicians, and must have an established relationship with the patient. The state fee is $150, reduced to $75 for applicants who submit SNAP documentation, and physician evaluation fees are charged separately. Designated caregivers must be at least 21, register with the department and may assist no more than five patients.

Arizona medical marijuana cards are valid for two years, according to commercial evaluation services, after which the patient renews through the Department of Health Services online portal. Renewal requires a new physician evaluation and certification along with updated documentation, just as the first application did. Cards can be renewed up to 90 days before they expire, so starting early avoids a gap in coverage. The statute text gathered here does not itself set the card term or the renewal window, so the expiry date printed on the patient's current card is the date to plan around.

Arizona's medical marijuana statute, A.R.S. 36-2801, requires the certifying physician to complete a full assessment of the patient's medical history, and practitioners must have an established relationship with the patient, but the sources gathered here do not say whether the assessment must take place in person. Commercial evaluation services report that consultations with physicians registered with the program are available by video or audio call, and that the certification is then submitted to the Department of Health Services. Some clinics still take the applicant's photo at an in-person visit. Patients using a remote service should confirm the physician is licensed in Arizona and can meet the statute's assessment requirement.

The Arizona sources conflict on reciprocity. A.R.S. 36-2801 recognizes visiting qualifying patients, meaning people authorized to use medical cannabis in another jurisdiction, and provides for them to participate in the program. Commercial evaluation services, however, say Arizona dispensaries do not honor out-of-state cards and that only Arizona-issued registry cards allow medical purchases. In practice, visitors should not count on buying medical cannabis with a home-state card. Visitors 21 and older can buy from adult-use dispensaries with any valid government-issued ID, with no residency requirement, within the one-ounce limit. Cannabis may not be carried across state lines.