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Arizona Cannabis & Marijuana Law Questions & Answers
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... Read more »

Matthew Maerowitz
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... Read 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... Read more »

Aaron A. Pelley
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... Read 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
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.... Read more »

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