ARS 36-2801

Arizona Revised Statutes Section 36-2801 – Definitions

In this chapter, unless the context otherwise requires:

1.  “Allowable amount of marijuana

(a)  With respect to a qualifying patient, the “allowable amount of marijuana”  means:

(i)  Two-and-one-half ounces of usable marijuana; and

(ii)  If the qualifying patient’s registry identification card states that the  qualifying patient is authorized to cultivate marijuana, twelve marijuana plants  contained in an enclosed, locked facility except that the plants are not required to be  in an enclosed, locked facility if the plants are being transported because the  qualifying patient is moving.

(b)  With respect to a designated caregiver, the “allowable amount of marijuana” for  each patient assisted by the designated caregiver under this chapter means:

(i)  Two-and-one-half ounces of usable marijuana; and

(ii)  If the designated caregiver’s registry identification card provides that the  designated caregiver is authorized to cultivate marijuana, twelve marijuana plants  contained in an enclosed, locked facility except that the plants are not required to be  in an enclosed, locked facility if the plants are being transported because the  designated caregiver is moving.

(c)  Marijuana that is incidental to medical use, but is not usable marijuana as  defined in this chapter, shall not be counted toward a qualifying patient’s or designated  caregiver’s allowable amount of marijuana.

2.  “Cardholder” means a qualifying patient, a designated caregiver or a nonprofit  medical marijuana dispensary agent who has been issued and possesses a valid registry  identification card.

3.  “Debilitating medical condition” means one or more of the following:

(a)  Cancer, glaucoma, positive status for human immunodeficiency virus, acquired  immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, crohn’s disease,  agitation of alzheimer’s disease or the treatment of these conditions.

(b)  A chronic or debilitating disease or medical condition or its treatment that  produces one or more of the following: cachexia or wasting syndrome; severe and chronic  pain; severe nausea; seizures, including those characteristic of epilepsy; or severe and  persistent muscle spasms, including those characteristic of multiple sclerosis.

(c)  Any other medical condition or its treatment added by the department pursuant  to section 36-2801.01.

4.  “Department” means the Arizona department of health services or its successor  agency.

5.  “Designated caregiver” means a person who:

(a)  Is at least twenty-one years of age.

(b)  Has agreed to assist with a patient’s medical use of marijuana.

(c)  Has not been convicted of an excluded felony offense.

(d)  Assists no more than five qualifying patients with the medical use of  marijuana.

(e)  May receive reimbursement for actual costs incurred in assisting a registered  qualifying patient’s medical use of marijuana if the registered designated caregiver is  connected to the registered qualifying patient through the department’s registration  process. The designated caregiver may not be paid any fee or compensation for his service  as a caregiver.  Payment for costs under this subdivision shall not constitute an offense  under title 13, chapter 34 or under title 36, chapter 27, article 4.

6.  “Enclosed, locked facility” means a closet, room, greenhouse or other enclosed  area equipped with locks or other security devices that permit access only by a  cardholder.

7.  “Excluded felony offense” means:

(a)  A violent crime as defined in section 13-901.03, subsection B, that was  classified as a felony in the jurisdiction where the person was convicted.

(b)  A violation of a state or federal controlled substance law that was classified  as a felony in the jurisdiction where the person was convicted but does not include:

(i)  An offense for which the sentence, including any term of probation,  incarceration or supervised release, was completed ten or more years earlier.

(ii)  An offense involving conduct that would be immune from arrest, prosecution or  penalty under section 36-2811 except that the conduct occurred before the effective date  of this chapter or was prosecuted by an authority other than the state of Arizona.

8.  “Marijuana” means all parts of any plant of the genus cannabis whether growing  or not, and the seeds of such plant.

9.  “Medical use” means the acquisition, possession, cultivation, manufacture, use,  administration, delivery, transfer or transportation of marijuana or paraphernalia  relating to the administration of marijuana to treat or alleviate a registered qualifying  patient’s debilitating medical condition or symptoms associated with the patient’s  debilitating medical condition.

10.  “Nonprofit medical marijuana dispensary agent” means a principal officer, board  member, employee or volunteer of a nonprofit medical marijuana dispensary who is at least  twenty-one years of age and has not been convicted of an excluded felony offense.

11.  “Nonprofit medical marijuana dispensary” means a not-for-profit entity that  acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies,  sells or dispenses marijuana or related supplies and educational materials to  cardholders.  A nonprofit medical marijuana dispensary may receive payment for all  expenses incurred in its operation.

12.  “Physician” means a doctor of medicine who holds a valid and existing license to  practice medicine pursuant to title 32, chapter 13 or its successor, a doctor of  osteopathic medicine who holds a valid and existing license to practice osteopathic  medicine pursuant to title 32, chapter 17 or its successor, a naturopathic physician who  holds a valid and existing license to practice naturopathic medicine pursuant to title  32, chapter 14 or its successor or a homeopathic physician who holds a valid and existing  license to practice homeopathic medicine pursuant to title 32, chapter 29 or its  successor.

13.  “Qualifying patient” means a person who has been diagnosed by a physician as  having a debilitating medical condition.

14.  “Registry identification card” means a document issued by the department that  identifies a person as a registered qualifying patient, registered designated caregiver  or a registered nonprofit medical marijuana dispensary agent.

15.  “Usable marijuana” means the dried flowers of the marijuana plant, and any  mixture or preparation thereof, but does not include the seeds, stalks and roots of the  plant and does not include the weight of any non-marijuana ingredients combined with  marijuana and prepared for consumption as food or drink.

16.  “Verification system” means a secure, password-protected, web-based system  established and maintained by the department that is available to law enforcement  personnel and nonprofit medical marijuana dispensary agents on a twenty-four hour basis  for verification of registry identification cards.

17.  “Visiting qualifying patient” means a person:

(a)  Who is not a resident of Arizona or who has been a resident of Arizona less  than thirty days.

(b)  Who has been diagnosed with a debilitating medical condition by a person who is  licensed with authority to prescribe drugs to humans in the state of the person’s  residence or, in the case of a person who has been a resident of Arizona less than thirty  days, the state of the person’s former residence.

18.  “Written certification” means a document dated and signed by a physician,  stating that in the physician’s professional opinion the patient is likely to receive  therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate  the patient’s debilitating medical condition or symptoms associated with the debilitating  medical condition.  The physician must:

(a)  Specify the qualifying patient’s debilitating medical condition in the written  certification.

(b)  Sign and date the written certification only in the course of a  physician-patient relationship after the physician has completed a full assessment of the  qualifying patient’s medical history.