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Arizona Cannabis & Marijuana Law Questions & Answers
2 Answers | Asked in Cannabis & Marijuana Law and Immigration Law for Arizona on
Q: I want to get a Medical Marijuana card will that effect the standing of my F1 Visa as it is federally illegal?

I heard I could potentially risk deportation as a result of obtaining one

T. Augustus Claus
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answered on Nov 7, 2023

Yes, there is a risk of deportation if you obtain a medical marijuana card while on an F-1 visa. This is because marijuana is still classified as a Schedule I drug under federal law and possession or use of a Schedule I drug is a federal crime. As an F-1 visa holder, you are subject to federal law,... View More

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1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Arizona on
Q: when you're stopped on your bicycle the reason being no lights can they take your pocket knife from your hip that is 2"

I did have lights front and back as he's searching my fanny pack the other officer said I fit the description that was given earlier. I did not fit the description I was just on a bicycle in the area actually I was headed directly to the crime scene so and headed toward the police cruisers the... View More

Brad Rideout
Brad Rideout
answered on Oct 30, 2023

If you were riding your bike at night, they can pull you over for not having lights. They can't search you absent reasonable suspicion or search incident to arrest.

Sounds like you pocketknife was legal. See the following blog on knives in Arizona...
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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Arizona on
Q: I’m about to begin diversion for a non drug related offense in AZ and will be drug tested. Can I use medical marijuana?

I was instructed to not use “illegal” drugs, however marijuana is legal in the state of Arizona.

Brian C. Soto
Brian C. Soto
answered on Apr 14, 2022

Short answer, yes; you can use your prescribed marijuana.

In REED KALIHER v. State of Arizona, the Arizona Supreme Court held, AMMA bars courts from imposing a probation condition prohibiting the use of medical marijuana pursuant to AMMA.

While this case dealt specifically with...
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1 Answer | Asked in Cannabis & Marijuana Law and Child Custody for Arizona on
Q: Will my children be taken away if I use marijuana while pregnant?

Dcs got involved after I tested positive for thc with my first pregnancy but Arizona has since legalized marijuana. Additionally, I suffer from chronic pain due to nerve damage and can’t take my other medications while pregnant.

Stephen M Vincent
Stephen M Vincent
answered on Mar 14, 2022

Yes, absolutely they will take away your children if you smoke marijuana while pregnant. It's not an issue of whether it's legal--the issue is that it's dangerous for the child.

Use of marijuana while pregnant can cause a variety of problems, including restrict your...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Legal Malpractice for Arizona on
Q: If I and two others are arrested and I ask for a disclosure is it not my right to have the entire disclosure

By entire I mean audio and visual from statements given by each person arrested with me that is mentioned in the disclosure.

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

You're entitled to basic disclosure and anything that may be exculpatory in nature. Including statements made by co-defendants. Your attorney needs to ask for everything.

1 Answer | Asked in Cannabis & Marijuana Law for Arizona on
Q: Am I able to get a medical marijuana card while on bond as I was rear ended and have been having pain in my body
Brian C. Soto
Brian C. Soto
answered on Jul 12, 2021

So long as your pending case is a in state court, not federal court, you're able to obtain a medical marijuana card and use as prescribed.

2 Answers | Asked in Cannabis & Marijuana Law for Arizona on
Q: Now that Arizona has marijuana legal, can people on federal probation smoke with a marijuana card?
Brian C. Soto
Brian C. Soto
answered on Mar 28, 2021

No. Unfortunately, it’s still against federal law.

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Arizona on
Q: What motion do I file to dismiss charges?

1 attorney told me to file a motion to dismiss without prejudice is this correct? I have DUI from 2012 for marijuana do to the new law in Az allowing medicinal marijuana. I would like to have the charges dismissed at the time I had a medical marijuana card from another state I don't know if... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on Mar 1, 2021

Based on your question, I cannot tell whether you have a pending charge or a conviction for DUI from 2012. If it is a pending charge, then there is likely an active warrant for your arrest and you will need to get the warrant quashed and handle the DUI case before the driver license hold will be... View More

1 Answer | Asked in Cannabis & Marijuana Law for Arizona on
Q: Legally grow 6 marijuana plants without exceeding the 1 oz max in possession? Even one plant is over 1 oz. What gives?

I was hoping someone could explain the apparent contradiction between legally growing six plants and legally having no more than 1 oz in possession. I have never grown pot before so I was reading up on it, and it looks like each plant could produce over a pound of marijuana. It seems possible that... View More

Aaron A. Pelley
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Aaron A. Pelley
answered on Feb 28, 2021

You are right. That was not a very thoughtful piece of the legislation. There is an argument that you would have several plants, in different stages of growth, and harvesting and using the cannabis as you need it. But if you are only getting one ounce per plant, even if you are growing an unusual... View More

1 Answer | Asked in Agricultural Law and Cannabis & Marijuana Law for Arizona on
Q: Under prop 207 am I aloud to sell plants

Just wanted to know if selling marijuana plants is legal

Brian C. Soto
Brian C. Soto
answered on Jan 3, 2021

The short answer is no.

In order to sell marijuana plants and/or marijuana, and extracts you will need to be licensed as a retailer by the Arizona Department of Health Services. Under A.R.S. § 36-2852(A)(4), you are entitled to transfer "up to six marijuana plants to an individual...
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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Arizona on
Q: How can I dismissed a misdemeanor over half an .Oz of marijuana in Arizona?

Possession of marijuana in Arizona

California resident (Legal in CA)

Criminal charged

First offense

No doctor letter

Officer told me its a misdemeanor

Court: Parker Magistrate (Dec. 2)

Matthew Maerowitz
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Matthew Maerowitz
answered on Dec 11, 2020

In light of Arizona Prop 207 legalizing possession of up to 1 ounce of marijuana for individuals over 21, the prosecutor should agree to dismiss. Do NOT plead guilty to possession of marijuana. You should privately consult an attorney who can help discuss further.

1 Answer | Asked in Family Law, Adoption and Cannabis & Marijuana Law for Arizona on
Q: If I find myself in family court, will the court know I have my medical marijuana card if I don't tell them?
Jay Hall
Jay Hall
answered on May 27, 2020

There really is no advantage to concealing this. By statute, the family court cannot draw any negative inference from a valid medical marijuana card. If the opposing party alleges substance abuse, you may be ordered to test randomly for an extended period of time. The card may help preempt that.... View More

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