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Arizona Medical Marijuana Laws

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Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona
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Arizona Medical Marijuana Laws

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

The Best Arizona Criminal Defense Lawyer - Ranking Arizona Logo- DM Cantor
DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 300+ Drug Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Drug Crime Victories!

Beware of Drug Crimes Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Phoenix Drug Crimes Attorney and Drug Crimes Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Drug Crimes charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Medical Marijuana Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Medical Marijuana cases.

Every Major Felony Medical Marijuana case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Phoenix Medical Marijuana Law Team in Arizona

How do you know who has the best Medical Marijuana Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Medical Marijuana in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Medical Marijuana Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Medical Marijuana Defense Team, DM Cantor.

David is a highly-skilled Medical MarijuanaDefense Lawyer who knows the Medical Marijuana laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Medical Marijuana Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Medical Marijuana overview as to how the DM Cantor Phoenix Medical Marijuana Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Medical Marijuana. So whether you have a single Medical Marijuana charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Medical Marijuana Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Medical Marijuana Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Medical Marijuana charge.

What is Medical Marijuana in Arizona?

People interested in getting a medical marijuana ID card in Arizona (also commonly knowns as MMJ Card) have many questions about the process. These questions typically include some common inquiries, including:

  • How do I apply for a medical marijuana ID card and what makes me eligible?
  • What if I have a different medical condition proven to benefit from medical marijuana use, but the State of Arizona does not yet include this on their list of approved conditions?
  • Is my doctor required to write medical marijuana recommendations for people with one of the listed acceptable conditions?
  • What are costs associated with gaining a registry ID card and where can I use the drug?
  • How much marijuana can I legally possess with a registry ID card and where can I use the drug?
  • What happens if I test positive for marijuana at work, but possess a medical marijuana ID card?
  • What kind of criminal charges do I face if I am pulled over for drugged driving with a patient registry ID card?

What are the Qualifications for a Medical Marijuana ID Card?

Qualifying patients can apply for their medical marijuana ID card now, as has been legal in Arizona since 2011. The process involves visiting a doctor licensed to practice in Arizona, such as a medical doctor, osteopath, homeopath or naturopath. You must have a legitimate physician-patient relationship with this practitioner. You can tell a doctor qualifies for making your recommendation if he or she bears these professional initials after their name:

  • MD, allopathic medical doctors
  • DO, osteopathic doctors
  • MD(H) or DO(H), homeopathic doctors
  • MD(N) or NMD, naturopathic doctors

You qualify to receive your MMJ Card when you have a diagnosis of one of the state-approved medical conditions. These conditions include:

  • Cancer
  • Glaucoma
  • Human Immunodeficiency Virus (HIV)
  • Acquired Immune Deficiency Syndrome (AIDS)
  • Hepatitis C
  • Amyotrophic Lateral Sclerosis (ALS)
  • Crohn’s disease
  • Agitation of Alzheimer’s disease
  • A chronic or debilitating disease or medical condition or the treatment for a chronic or debilitating disease or medical condition that causes:
    • Cachexia or wasting syndrome
    • Severe and chronic pain
    • Severe nausea
    • Seizures, including those characteristic of epilepsy
    • Severe or persistent muscle spasms, including those characteristic of multiple sclerosis

After your diagnosis with one of these qualifying conditions, you need a doctor’s written certification to accompany your application for a registry ID. The written certification must be provided by the doctor on the Arizona Department of Health’s official form within 90 days before your application submission.

Medical Conditions Not on the Current List of Approved Conditions

What if I have a different medical condition proven to benefit from medical marijuana use, but the State of Arizona does not yet include it on their list of approved conditions?

Every January and July, the state reviews submitted requests for additions to the official list of approved conditions for medical marijuana use. You can submit a request for addition of your condition if it is not already included.  There is a specific process for making such a request. You must:

  • Provide the name of your medical condition or treatment, for which you want medical marijuana use permitted
  • Symptom description and details of how these interfere with your daily life
  • Availability of conventional medical treatments that provide help or comfort
  • Summary of evidence showing marijuana helps provide comfort or therapy for that specific condition
  • Articles published in scientific journals with peer reviews, on research into use of marijuana for the specific medical condition or treatment, to support your desire for medicinal use

Are Doctors Required to Write Prescriptions for Medical Marijuana?

No physician is required to agree with the medical marijuana option for patient treatment, therapy or relief. A doctor is also not required to recommend medical marijuana for patients with chronic or debilitating conditions. If your diagnosing physician does not recommend or approve of your desired medical marijuana use, you have the right to seek the opinion and recommendation of another doctor.

If you seek another doctor’s recommendation, outside of your primary care physician, the one providing your medical marijuana certification must confirm your qualifying health condition and likelihood to benefit from medical marijuana use. The physician must also affirm that this recommendation stems from a legitimate doctor-patient relationship. All of this is done on the required form for submission to the Arizona Department of Health Services.

What does it Cost for a Medical Marijuana Card?

As of 2019, the cost of a medical marijuana registry ID card is $150. Of course, you must also pay for your doctors’ visits associated with obtaining your card and maintaining eligibility from year to year. If you lose your card, a replacement from the Arizona Department of Health Services is only $10.

If you are currently on the SNAP program, the U.S. Department of Agriculture’s Supplemental Nutrition Assistance Program, your registry ID card costs half the standard rate. This means you pay $75 and not $150.

How Much Marijuana can I Legally Possess?

Even with a registered MMJ ID card, there are still strict medical marijuana laws in Arizona. Having your card does not by-pass any responsibilities that come with being a medical marijuana patient. With your registry ID card you are legally able to possess up to 2.5 ounces of medical marijuana (the dried flower) or mixtures or preparations (such as resin or hashish) made from 2.5 ounces of dried flowers.. If you do not live within 25 miles of a state run dispensary, you are permitted to own and grow at total of 12 marijuana plants.

When you use your marijuana, you cannot do so in the dispensary, itself. You also cannot smoke medical marijuana in public places, parks or schools. Marijuana edibles and infused products sold by the dispensaries can be consumed in public according to state law. Your individual location, nursing institution, hospice, assisted living facility or other health care environments may also impose their own restrictions.

While under your patient registry ID you can possess up to 2.5 ounces of dried flower marijuana, or mixtures or preparations (such as resin or hashish) made from 2.5 of dried flowers, you cannot operate your motor vehicle while using the product or under its influence. Doing so puts you at extreme general and legal risk. It also endangers others on the roads.

What Happens if I Test Positive for Marijuana at Work, but have my MMJ Card?

Under the Arizona Medical Marijuana Act, your employer cannot penalize you for using the drug if you possess a legal registry ID card. That is, you cannot be penalized for having the drug in your system. But being a registrant for medical marijuana does not authorize you to use the drug at work, on your work premises or during working hours. If you face unfair penalties under your employment because of your off-duty medical marijuana use, consult a qualified attorney who specializes in Arizona medical marijuana cases.


What if I am Pulled Over for DUI Drugs with a MMJ Card?

A patient registry ID card does not give you the right to drive while using marijuana or when the drug is impairing your ability to drive. Marijuana affects your brain, how you think and how you react to life situations. So driving under its influence can be deadly for you, anyone in your vehicle and others on the roads.

Your patient registry ID card means nothing to the courts if you are caught driving while impaired by marijuana. But, sometimes the law leads to confusion regarding marijuana metabolites, the THC derivatives that remain in your blood and body for up to 72 days after using the drug. Many of these confusing factors were addressed through the December 2016 Arizona Court of Appeals decision putting the burden of proof of impairment squarely on the prosecution.

Under Arizona’s zero tolerance for these offenses, you face a first-time offense mandatory minimum of 24 hours incarceration and up to six months in jail.  The first offense can cost you $1800 in fines, additional fees, community service hours, attendance of drug education, 90 days’ driver’s license suspension, five years’ probation and other penalties.

Click here… if you have not been charged with Marijuana yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Marijuana lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Marijuana Lawyers in Arizona know the system well.

The Collateral Consequences Of An Medical Marijuana Conviction

The effects of a Medical Marijuana conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Click to see Comprehensive List and Explanation of Collateral Consequences regarding a Medical Marijuana Conviction

Mitigation

When it comes to “Mitigation” regarding a charge of Medical Marijuana, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Click here to see Helpful Mitigation Information

Work with a DM Cantor Phoenix Medical Marijuana Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Medical Marijuana Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Medical Marijuana Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Medical Marijuana Lawyers always offer free consultations for an initial visit with our Phoenix Medical Marijuana Defense Attorneys. We are often considered to be the “best Medical Marijuana Defense Lawyer”.

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