ARIZONA HOUSE OF REPRESENTATIVES

HB 2068: probation; parole; medical marijuana use

PRIME SPONSOR: Representative Leach, LD 11

BILL STATUS: Judiciary & Public Safety

Abstract

Relating to qualified patients on probation, community supervision or parole.

Provisions

1. States that a registered qualifying patient may be prohibited from possessing marijuana as a condition of the person's probation, community supervision or parole, if the person is under supervision for a:

a. Juvenile offense under Title 8, Ch. 3;

b. Drug offense under Title 13, Ch. 24; or

c. DUI offense under Title 28, Ch. 4. (Sec 1)

2. Contains a Prop 105 clause. (Sec 2)

3. Makes technical changes. (Sec 1)

Current Law

Title 36, Ch. 28.1 was added by Proposition 203, the Arizona Medical Marijuana Act, an initiative measure approved by the voters in 2010. Proposition 203 created a framework for the possession and use of marijuana by persons deemed as qualifying patients, along with the ability to provide marijuana through nonprofit medical marijuana dispensaries and designated caregivers.

A.R.S. § 36-2801 defines a qualifying patient as a person who has been diagnosed by a physician as having a debilitating medical condition. Qualifying patients can apply to ADHS for a registry identification card by providing specified information. ADHS is required to review the application and make a determination within 10 days of receiving the application; if approved, ADHS must issue a card within five days of approval (A.R.S. §§ 36-2804.02-2804.03).

A.R.S. § 36-2811 establishes a presumption that a qualifying patient or caregiver is engaged in the medical use of marijuana if the person has the registry identification card and is in possession of the allowable amount of marijuana (defined in A.R.S. § 36-2801). A registered qualifying patient or caregiver is not subject to arrest, prosecution or penalty of any kind. Possession of a registry card does not constitute probable cause or reasonable suspicion and cannot be used to support the search of the person or property.

Additional Information

According to the December 2017 Arizona Medical Marijuana Monthly Report, there are 152,979 active cardholding qualifying patients. More information about the Medical Marijuana Program administered by ADHS can be found here.

In State ex rel. Polk v Hancock, 237 Ariz. 125, 127, 347 P 3d 142, 144 (2015), the Arizona Supreme Court held that a registered qualifying patient cannot be arrested, prosecuted or penalized in any manner or denied any right or privilege for authorized medical marijuana possession and use. 

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Fifty-third Legislature                  HB 2068

Second Regular Session                               Version 1: Judiciary & Public Safety

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