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Does Being a Medical Marijuana Card Holder Affect Your Rights?

Posted on May 7, 2020 in Criminal Defense,drugs

In Arizona, marijuana is illegal for recreational use, but it is legal for medicinal use. This means that a licensed doctor if a patient qualifies can recommend the use of medical marijuana.  With this recommendation, the patient can then get an Arizona medical marijuana card which is identification that allows them to legally purchase, possess and use a certain amount of marijuana. But a valid medical marijuana card is viewed very differently by the State of Arizona and by the Federal Government.

Does Being a Medical Marijuana Card Holder Affect My Gun Rights?

A medical marijuana card allows a person to legally possess and ingest marijuana from the state’s perspective.  However, it is still Federally illegal.  The firearms transaction form that you fill out to purchase a firearm asks if the applicant to purchase the weapon is an unlawful user of or addicted to marijuana.  The form goes on to state the use or possession of marijuana remains unlawful under federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state the person resides.  It is a federal felony crime to put false information on this form.  Therefore, using or possessing marijuana may preclude you from purchasing a gun even if you have a medical marijuana card.

If I have a Medical Marijuana Card, Can I Use Marijuana While on Probation?

The Arizona Supreme Court has ruled that people who have a valid medical marijuana card may use medical marijuana while on probation.  The prosecutor cannot put in the plea offer a provision that would prohibit a qualified patient from using medical marijuana while on probation.  Keep in mind, this ruling applies to Arizona state probation, not federal probation.  This demonstrates that the users of medical marijuana in Arizona are being treated like actual patients that are taking their medicine.  Suddenly, probation does not seem as boring.

Contact AZ Defenders to Speak with A Qualified Marijuana Defense Attorney Today

If you find yourself facing criminal charges relating the use of medical marijuana, contact the knowledgeable team at AZ Defenders. Our attorneys are familiar with the confusing and complex laws relating to Arizona’s Marijuana Laws. Our Marijuana defense attorneys can be reached 24 hours a day, 7 days a week and are happy to help you with your criminal case in any way we can. To schedule a free initial case evaluation today with an experienced marijuana defense attorney, contact us online or call our office at 480-456-6400. Do not try navigating Arizona’s criminal justice system alone, get skilled and smart legal representation started on your case today.

 

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