{"id":15823,"date":"2019-06-11T13:26:50","date_gmt":"2019-06-11T20:26:50","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?p=15823"},"modified":"2024-09-17T18:37:19","modified_gmt":"2024-09-18T01:37:19","slug":"california-medical-marijuana-card-in-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/california-medical-marijuana-card-in-arizona\/","title":{"rendered":"Can You Use a California Medical Marijuana Card in Arizona?"},"content":{"rendered":"

Under the Arizona Medical Marijuana Act (AMMA<\/a>), patients with a medical marijuana card from another state can possess and use medical marijuana in Arizona. However, out-of-state patients cannot purchase medical marijuana from an Arizona dispensary. So, while traveling patients are welcome to carry and use medical marijuana during their stay in Arizona, they unfortunately cannot purchase any more medical marijuana until they return to their home state.<\/span><\/p>\n

There is some speculation that an Arizona medical marijuana patient can donate medical marijuana to an out-of-state patient with proper documentation, but the AMMA is unclear about this. The AMMA does allow qualifying caregivers to administer medical marijuana to authorized patients, but the courts haven\u2019t indicated whether this applies to out-of-state residents. As such, you should not solicit or accept \u201cdonated\u201d medical marijuana in Arizona.<\/span><\/p>\n

Case Law<\/span><\/h2>\n

When it comes to legal matters, legislative bills provide the foundation for a law, but it\u2019s up to the courts to apply, interpret, and enforce the laws. As such, legal precedents established by the Arizona Court of Appeals<\/a> and the Arizona Supreme Court<\/a> are often just as important\u2014if not more important\u2014than the original bill.<\/span><\/p>\n

In this case, the legal precedent for using an out-of-state medical card in Arizona comes from a 2016 incident where a California resident was arrested and indicted for possessing marijuana and drug paraphernalia. The defendant didn\u2019t have a medical card, but he did have a doctor\u2019s letter that qualified under California medical marijuana laws. Despite this, the prosecution successfully argued that the letter wasn\u2019t valid in Arizona, and the defendant was convicted.<\/span><\/p>\n

When the defendant appealed his case to the Arizona Court of Appeals, a three-judge panel overturned the conviction. In its decision, the court ruled that the AMMA provides visiting qualifying patients with the same immunity as Arizona residents with medical marijuana cards (subject to state possession and use limits). More importantly, the court ruled that law enforcement must recognize medical cards, physicians\u2019 letters, and other authorized documents that comply with other states\u2019 medical marijuana laws.<\/span><\/p>\n

Why Can\u2019t You Purchase from an Arizona Dispensary with a California Medical Card?<\/span><\/h2>\n

Interestingly, Arizona law doesn\u2019t explicitly prohibit out-of-state patients from purchasing medical marijuana from a dispensary. Instead, the problem lies with the state verification system.<\/span><\/p>\n

ARS 36-2806.02<\/a> requires Arizona dispensaries to check a patient\u2019s credentials with the state\u2019s verification system before dispensing medical marijuana, and the system is currently limited to Arizona patients. Arizona lawmakers may adjust these procedures in the future, but as of right now, there are no legal means for a traveling patient to purchase medical marijuana from an Arizona dispensary.<\/span><\/p>\n

States That Recognize Medical Marijuana Cards<\/span><\/h2>\n

Arizona isn\u2019t the only state that recognizes authorized medical cards from other states. Maine, Michigan, Nevada, New Hampshire, Pennsylvania, and Rhode Island also have medical marijuana laws that recognize medical cards and physicians\u2019 letters from other states.<\/span><\/p>\n

However, traveling patients must still abide by each state\u2019s possession and use laws, so you should exercise caution when carrying and using medical marijuana in another state. Generally speaking, it\u2019s best to avoid using medical marijuana in public places<\/a> or vehicles to avoid any trouble with local law enforcement.<\/span><\/p>\n

Possession Limits by State<\/span><\/h2>\n

As you\u2019re traveling to other states that allow medical and\/or recreational marijuana use, you\u2019ll be expected to abide by each state\u2019s possession and usage limits. These restrictions apply even if you have a medical marijuana card from another state that allows you to carry more. Following is a list of the 12 states that allow medical and\/or recreational marijuana, along with the possession limits for each state:<\/span><\/p>\n