30 Facts About Arizona's New Medical Marijuana Law

The votes are counted and Arizona’s Prop 203 – the Arizona Medical Marijuana Act – has passed by a margin of 4,341 votes (841,346 YES, 837,005 NO). This medical marijuana differs quite a bit from Oregon's Medical Marijuana Act.  Here are thirty highlights of the new Arizona law, with comparisons to Oregon's law listed in italics.

1. The allowable amount of marijuana for patients and caregivers is 2.5 ounces.  Oregon allows patients and caregivers to possess 24 ounces.
2. IF a patient or caregiver is allowed to cultivate, the limit is 12 plants that must be grown in an “enclosed, locked facility”, defined as “closet, room, greenhouse, or other enclosed area”.  All Oregon's patients maintain the right to grow their own medicine, up to six mature plants and eighteen seedlings.  There is no requirement for an "enclosed, locked facility".
3. Qualifying conditions: cancer, glaucoma, HIV/AIDS, hepatitis C, ALS (Lou Gehrig’s), Crohn’s, Alzheimer’s, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures (like epilespy), and severe and persistent spasms (like multiple sclerosis).  This closely matches Oregon's conditions, except that hepatitis C and ALS are not listed by name in Oregon.
4. Caregivers must be 21 years old and pass criminal background check for certain felonies, including violent and criminal felonies.  Caregivers in Oregon need only be 18 years old and no criminal records check is required except for Growers.  Only drug felonies disqualify a Caregiver.
5. Caregivers can serve no more than five patients, must keep a card for each one.  Oregon has no limit on patients-per-caregiver.  However, a Grower may only provide for four patients concurrently.
6. Caregivers may receive reimbursement for actual expenses – not labor – from their own patients only.  Oregon has a similar limitation, except that the person being reimbursed is the designated Grower.
7. Patients’ and Caregivers’ medical marijuana cards last for one year and will contain their photo, name, address, birthdate, and indication whether medical marijuana is allowed to be cultivated at home.  Oregon medical marijuana cards list a name and date of birth.
8. If the state has not issued a card within 45 days, a copy of the application shall have the same force as the card.  Oregon application paperwork with a signed doctor's recommendation has the force of law immediately upon submission - no waiting period.
9. Patients and caregivers must submit fingerprints to law enforcement and sign a statement that they will not divert marijuana to non-patients.  Oregon has no fingerprinting requirements.
10. Patients and caregivers may share marijuana with other patients for free, as long as they don’t knowingly cause the patient to exceed 2.5 ounces.  Similar to Oregon, except Oregon does not require the giver of cannabis to worry about the patient's limits.
11. Non-profit medical marijuana dispensaries are allowed.  Oregon does not allow for any dispensary system.
12. A patient who lives within 25 miles of a dispensary may not cultivate their own medical marijuana.  All Oregon patients are allowed to cultivate their own marijuana no matter where they live.
13. Patients and caregivers may not possess medical marijuana on a school bus, school, or correctional facility.  Oregon patients are only restricted from possession at a correctional facility.
14. Patients may not smoke marijuana on public transportation or in any public place.  Similar to Oregon which does not allow use in public view, which has been interpreted to include public transportation.
15. Patients may not drive under the influence of marijuana; however, marijuana metabolites shall not be proof of impairment.  Oregon does not protect patients who drive from being punished for impaired driving based on marijuana metabolites.
16. Fees for non-profit dispensaries shall not be greater than $5,000 or $1,000 for a renewal license.  There are no dispensaries in Oregon.
17. Dispensaries must cultivate their own medical marijuana, which they can do onsite or at one separate physical address.  There are no dispensaries in Oregon; however, patients can have a caregiver or grower cultivate cannabis at a separate physical address.
18. Patients and Caregivers may give marijuana to dispensaries, but not for any compensation.  There are no dispensaries in Oregon and patients may reimburse their caregivers for actual expenses but not labor.
19. Neither the dispensary nor the cultivation address may be within 500 feet of a school.  There are no dispensaries in Oregon but cultivation by caregivers and growers is not limited by proximity to schools.
20. There can be no more than one dispensary for every ten pharmacies, except that there can be at least one dispensary in every county.  There are no dispensaries in Oregon; however, the only limit on number of Growers is equal to the number of patients (currently over 36,000).
21. The cards or recommendations for visiting patients from other medical marijuana states will be recognized in Arizona, but they may not shop at the dispensaries.  Oregon does not recognize cards from out-of-state; however, out-of-state patients can get an Oregon card.
22. Patients in assisted care facilities can be limited to non-smoking methods of use and only in certain areas; however, such facilities are not required to enact these limitations.  Such facilities in Oregon are not required to make accommodations for medical marijuana users.
23. Dispensaries must have a single secure entrance, a strong security system, and no medicating is allowed on the premises.  There are no dispensaries in Oregon and there are no security requirements for grow sites.
24. Dispensaries must track patients’ acquisitions to ensure they receive no more than 2.5 ounces from any dispensaries within a fourteen day period.  There are no dispensaries in Oregon and no entity is tracking how much medicine patients use.
25. There shall be a secure, web-based confirmation system accessible by law enforcement and dispensaries, that reveals patients’ and caregivers’ names but not addresses and how much marijuana the patient received from all dispensaries in the past sixty days.  There are no dispensaries in Oregon; however, there is a "yes-no only" system by which law enforcement can confirm the legality of patients and grow sites.
26. Non-patients cannot be punished for being the vicinity of lawful medical marijuana use by patients or providing paraphernalia to patients.  Oregon does not specifically protect non-patients who are not cardholders.
27. Schools and landlords cannot discriminate against medical marijuana patients and caregivers, unless they are subject to federal penalty.  Oregon does not provide this protection to patients and caregivers.
28. Employers cannot discriminate against patients and caregivers and a positive test for marijuana metabolites is not cause for disciplining or terminating a patient.  Oregon does not provide this protection to patients and caregivers and specifically allows employers to discriminate against medical users.
29. Medical facilities and treatments, including organ transplants, cannot be denied to patients for their medical marijuana use.  Oregon does not provide this protection to patients and caregivers.
30. Parental rights of patients cannot be denied solely for their medical marijuana use.  Oregon does not provide this protection to patients and caregivers.

The full text of the measure can be found at http://stash.norml.org/azmedmj