MJ Consulting LLC logo crest  MJ Consulting LLC  |  928-772-2011  |  8540 E. State Route 69, Prescott Valley, AZ

Is the Marijuana Growing on My Property Legal?

MJ Consulting LLC logo crest  MJ Consulting LLC  |  928-772-2011  |  8540 E. State Route 69, Prescott Valley, AZ

 

Ask M.A. at MJ Consulting LLC

 I wear green for my son!

This question & answer column is intended to provide information about the Arizona Medical Marijuana Program, not legal or medical advice. We are not affiliated with the AZDHS who administers the program.

 

Question:

Is the marijuana growing on my property legal?

Answer:

Yes if the property address is more than 25 miles (as the crow flies) from an open dispensary and in an enclosed locked facility or growing outside with a 10 ft. solid fence and a 1 inch steel gate with a lock so no one can see what is growing.

Yes if a registered caregiver is authorized to grow for a patient who lives more than 25 miles from an open dispensary. In this case the caregiver can grow anywhere in the state as long as the patient he is linked to through the Arizona Medical Marijuana Program lives more than 25 miles from an open dispensary.

Both can be confirmed on the state issued registry patient and/caregiver identification card.

Any address can be checked to see if it is more than 25 miles from an open dispensary at www.azdhs.gov/medicalmarijuana. Once on the home page look at the left side of the screen and select “cultivation boundary check”. Type in the address and the state will map your address to dispensaries in the area. If there is no match the property may be eligible for cultivation. If your property is in the rural areas and you do not have a physical address you can send the health department an email with the lot or parcel number: This email address is being protected from spambots. You need JavaScript enabled to view it.

April 14, 2011 patient and caregiver registry identification cards began being issued. There were no dispensaries so each registered patient could request to cultivate. Dispensaries were supposed to follow within 90 days of patient & caregiver cards being issued. Before that could happen our state filed a Federal lawsuit for “clarification”. 

The lawsuit placed the dispensary portion of the program on hold for 22 months before a couple opened in our state. Every patient for three years has been able to request to cultivate. As patients renewed their identification card this year each patient was not given authorization to cultivate. 

Many patients did not renew their cards this year now that they can no longer legally grow their own affordable marijauana medicine. All patients with authorization who have been growing their own the past three years have been growing legally. Now that dispensaries are open every patient within 25 miles of a dispensary should be closed down, as devastated as that is making patients. There are several lawsuit regarding the 25 mile rules and we may see change in the future.

The Arizona Department of Health Services states in its August 2014 newsletter to patients, that 96.9% of all registered patients now live within the 25 mile limit and are not authorized to cultivate.

Also on the horizon are proposed AZDHS rule changes. One change proposed is “as the crow flies to as the road drive” opening the opportunity for some in rural areas to cultivate next year.

There are several House Bills that address patient cultivation rights.

 

Submitted by MJ Consulting LLC

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Contact Us.

MJ Consulting LLC
8540 E. State Route 69
Prescott Valley, AZ 86314
P: (928) 772-2011
F: (928) 772-2014
Michelle Alexander
MJConsultingLLC@hotmail.com
 
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