Arizona MMJ Laws, Arizona Rec Laws, Community events

Expungement Clinic 8/29/2021

Written by Anders Mintz
Expungement Clinic Countdown!
SIGN UP HERE

 
Now that cannabis has been legalized in Arizona under Prop 207, we have the ability to expunge certain Cannabis-related charges off your criminal record. Oasis Cannabis has teamed up with the Arizona NORML chapter to host a free expungement clinic in the East Valley for those who have been affected by the War on Drugs. Come see if you are eligible to get your Arizona criminal cannabis charge removed. This event is free to the public and zero cost to start your expungement petition!
 

IMPORTANT INFORMATION

We encourage participants to bring any relevant documents or information related to their Arizona criminal charge or case. Legal support will be provided onsite this day if you do not have documents related to your charges. No documentation, no problem!
 

 
Location
DoubleTree by Hilton Phoenix-Mesa 1011 W Holmes Ave, Mesa, AZ 85210
Palo Verde Meeting Room

Date
Sunday, August 29th

Time
11:00am – 5:00pm

 

Arizona NORML Director of Politics Julie Gunnigle and volunteer attorney Kent Berk meet with clinic attendees. (Arizona NORML)
 

What Is “Expungement”?

A fancy word for erasing all records of your low-level marijuana arrest and/or conviction. When you “expunge” your records, they get sealed, and no prying eyes will be able to find out about your past (and entirely unjust) conviction or arrest. Want opportunities you were wrongly denied? This Sunday, August 29th is your chance for a clean slate.

Do You Qualify?

Have you been arrested in Arizona for a low-level marijuana offense? You are in luck! Prop. 207 lets people expunge all traces of the following offenses from their records:

– Possessing, consuming, or transporting 2.5 ounces or less of marijuana;
– Possessing, consuming, or transporting 12.5 grams or less of concentrates;
– Possessing, transporting, cultivating, or processing 6 or fewer marijuana plants;
– Possessing, using, or transporting marijuana paraphernalia.
Not sure? It’s the government’s job to prove you got busted with more.
 
For more information on free clinic dates or getting your expungement petition started, visit Arizona NORML’s website here
 

Why Should You Care?

Low-level marijuana offenses are fundamentally unjust. Although they result from a harmless behavior that is now legal, these minor offenses still follow people for a lifetime, causing landlords to reject housing applications, limiting opportunities to receive state licenses, and leading many employers to deny job to otherwise qualified applicants.
 

How Does Expungement Work?

There are generally three steps to filing your “petition” for expungement with a court:
 
1. Get a copy of your criminal record, either through a records request with the Department of Public Safety (recommended) or using the courts’ Public Access Case Lookup tool;
2. Draft a petition using our tool below; and then,
3. File your petition with the court at no cost.
4. Once your petition is filed, the government will have only 30 days to oppose it in court, and to stop your chance at a second shot, the government must prove by “clear and convincing evidence” that you are not eligible for expungement.
 
Have more questions? Visit us on Sunday, August 29th to get all of your questions answered or start your petition!

#FindYourOasis

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Arizona MMJ Laws, Arizona Rec Laws, Education

Understanding AZ Adult-Use Laws

Written by Anders Mintz

Understanding Arizona’s New Recreational Cannabis Laws

We made it! Recreational marijuana is finally available in Arizona – thanks to Prop 207 passed in November 2020. It has been a long road coming, but now that it’s here, it’s bound to come with some confusion. Here are a few things new recreational consumers should know about Arizona’s new adult-use Cannabis laws:

General Rules & Regulations

  • All adult-use customers are required to present a valid 21+ photo identification at time of check-in. This includes state-issued IDs, driver licenses, passports, among others. Out of state licenses and passports are accepted
  • Recreational tax on products will be between 16-26%. Medical-only tax is about 6%
  • Public consumption is still illegal! Please continue to use cannabis responsibly and in the safety of your own home or private property. Offenders may be found guilty of a petty offence.
  • No marijuana products can be sold that imitate brands marketed to children or look like humans, animals, insects, fruits, toys or cartoons.
  • Driving, flying or boating impaired to even the slightest degree by marijuana would remain illegal (i.e., zero tolerance rule).

Purchase Limits

  • Recreational consumers are allowed to purchase up to 28g per dispensary transaction
  • Of the 28g total, 5g can be concentrated form: edibles, vaporizer cartridges, extracts, etc.
  • Recreational edibles are limited to 10 mg of tetrahydrocannabinol (THC) per serving and/or 100 mg per package.
  • Possessing more than one ounce but less than 2.5 ounces would be a petty offense. Minors caught with less than one ounce would receive up to a $100 fine and four hours of drug counseling for a first offense. A second offense would be up to a $100 fine and eight hours of drug counseling. A third offense would be a Class 1 misdemeanor.

 

 

Medical vs. Recreational

  • Patients who retain their medical card will be able to shop higher dose edibles and are exempt from the 16%+ state tax.
  • Employers can still enforce a drug-free workplace, so having a medical marijuana card may grant you certain workplace safeties through the AMMA.
  • Some dispensaries may offer certain products only to medical patients

Growing Limits

  • Each adult over 21 is able to grow up to 6 plants in their home in Arizona. 
  • Adults can grow up to 12 total plants If two or more adults are residing in the same place


Did we miss something? Have questions? Reach out to us here

 

Sources

AZDHS.com: https://azdhs.gov/licensing/marijuana/index.php

AZmarijuana.com: https://azmarijuana.com/arizona-medical-marijuana-news/18-must-know-facts-about-the-arizona-2020-cannabis-legalization-initiative/

ADA.com: https://azdispensaries.org/arizona-adult-use-marijuana-2020/

 

Terms & conditions/Privacy Policy

AZDHS State Warning

WARNING: There may be potential dangers to fetuses caused by smoking or ingesting marijuana while pregnant or to infants while breastfeeding. Use of marijuana during pregnancy may result in a risk being reported to the Department of Child Safety during pregnancy or at birth of the child by persons who are required to report.

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Arizona MMJ Laws, Charity

Black History Month at Oasis Cananbis

Written by Anders Mintz

BLACK HISTORY MONTH AT OASIS CANNABIS

Since the early 1900’s, Black and Brown people of color (POC) have suffered disproportionately from Cannabis enforcement laws & policy in the US. This was only exacerbated by the War on Drugs implemented in the early 1970’s by the Nixon administration. Although overall marijuana arrests have decreased nationally since 2010, racially unjust enforcement of cannabis laws persists even in states where it’s legal or decriminalized.

The Facts:

“Marijuana arrests are still widespread nationwide, making up 43 percent of all drug arrests — more than any other drug. The vast majority of these arrests — nine out of 10 — are for possession.”

“Black people are 3.64 times more likely than white people to be arrested for marijuana possession, notwithstanding comparable usage rates.”
(American Civil Liberties Union, 2020) 

“…between 2015 and 2019, there were 3,631 marijuana arrests in the District of Columbia. 89% percent of those arrested were Black, even as they make up only 45 percent of the city’s population.”
(Washington Post, 2020)– Mandatory social distancing for all customers
–

Arizona recently legalized recreational marijuana under Proposition 207. Since taking effect in November, the state has already begun to drop pending possession cases and lay out the guidelines for upcoming expungement applications.

“An Associated Press survey of county attorneys received responses from 13 of 15 elected county attorneys, all of whom said they were either immediately dropping existing cases or in one case pausing prosecutions and planning to drop them when Proposition 207 goes into effect.”
(Fox 10 Phoenix, 2020)

“Until July 12, 2021, marijuana convictions and arrest records will only be able to be set aside. In order to expunge a marijuana conviction in Arizona, you will need to file a petition for expungement with the court on or after that date.”
(Lerner & Rowe Law Group)

 

Here 3 things you can do to show your support for the Black Community during Black History Month:

 

DONATE TO RELEVANT CAUSES

For the month of February, a portion of all Oasis proceeds will be donated to the Last Prisoner Project’s Roll It Up For Justice Program to help fight social injustice.

 

EDUCATE YOURSELF OR LOVED ONES

  • Between The World and I – Ta-Nehisi Coates
  • Becoming – Michelle Obama
  • The Cannabis Manifesto – Steve DeAngelo
  • 13th- Film by Ava Duvernay
  • Pot Brothers at Law

We also highly suggest you check out MITA’s free Social Equity Mentorship Program and how they’re helping the racial disparities in this industry.

SUPPORT LOCAL BLACK BUSINESS

  • Mr. Wonderful’s Chicken & Waffles (Chandler, Food Truck)
  • Founding Father’s Kitchen (Chandler)
  • West Alley BBQ & Smokehouse (Chandler)
  • Hot Pot Carribean Cuisine (Chandler)
  • Early Bird Vegan (Phoenix)

Mr. Wonderful’s Chicken & Waffles Food Truck will be onsite the following days and locations:

Friday, February 5th
North Chandler location from 2:00pm – 9:00pm

Friday, February 19th
South Chandler location from 11:00am – 4:00pm

Friday, February 26th
South Chandler location from 11:00am – 9:00pm

 

#FindYourOasis

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Arizona MMJ Laws, Products

What to Expect with Recreational Sales

Written by Anders Mintz

HERE’S WHAT TO EXPECT WITH REC SALES COMING

Dear Oasis patients, the time has finally come for Arizona to implement recreational (adult use) sales. We are excited to help Arizona through this transition and want to thank every sponsor, advocate and patient who’s helped this cause. We are doing our absolute best to mitigate some of the foreseen hurdles in order to continue providing the best possible shopping experience. However, as we inch closer to this massive, industry-wide shift there are a few changes you can expect to see:

 

Longer lines & wait times

Currently, there are just over 240,000 medical marijuana patients in the state of Arizona sharing about ~120 dispensaries. When the flood gates open for recreational sales (age 21+), we will likely see the number of cannabis-buyers in Arizona increase significantly while still having to share the same number of dispensary locations. According to the 2019 Government Census (census.gov), there are approximately 5 million people in the state of Arizona eligible to purchase recreational marijuana – 60% of which voted yes on the legalization initiative (Prop 207).

Helpful tip:
Medical card holders will have access to our delivery service while recreational customers will not.

Order delivery here: https://www.oasiscannabisaz.com/order-online/

 

Product shortages

Over the last few weeks, many dispensaries have started taking measures in order to prevent anticipated product shortages. With that being said, newly implemented testing laws plus a rapidly growing industry has made for far greater demand than available supply in the market. Plus with an influx of viable customers for recreational sales, we expect product shortages to be commonplace industry-wide.

Helpful tip:
Medical card holders will have access to higher THC mg edibles than recreational customers and will have a specific medical inventory of products.

 

Higher prices

With recreational sales comes recreational taxes. Arizona voters willingly voted yes on Prop 207, which implements a minimum 16% tax on all recreational marijuana products. Along with taxation, increased demand and fewer supply in a recreational market will likely drive prices up across the board.

Helpful tip:
Medical card holders are exempt from paying recreational state taxes.

 

Fewer deals & promotions

Unfortunately, when there are industry-wide product shortages it likely means we will see some deals & promotions start to reduce. Many brands and dispensaries are starting to temporarily pause promotions, cumulative pricing structures and giveaways to ensure we have enough product available for everyone.

Helpful tip:
All customers will still have access to our point-based Loyalty Program.

Learn more about our Loyalty Program here: https://www.oasiscannabisaz.com/loyalty/

 

While these changes may seem scary and unideal, they are a necessary part of increasing freedom for Arizonans.

 

Since approved by voters in November 2020, Prop 207 will:

– Legalize the sale, possession and consumption of one ounce of marijuana (of which 5 grams can be concentrate) for adults at least 21 years old.
– Generate $300 million in new revenue annually to fund community colleges, public safety, public health programs, and infrastructure.
– Ban smoking marijuana in public places like restaurants and open spaces like sidewalks and parks.
– Protect children by requiring all packaging be childproof and labeled, bans advertising to children and bans the sale of gummy bears, gummy worms and other products that resemble kids’ candy.
– Give the Department of Health Services more than $20 million annually for addiction prevention, substance abuse treatment, teen suicide prevention, mental health programs and other justice reinvestment projects.
– Do the right thing by providing an option for folks who were previously convicted of low-level marijuana charges to have their criminal records sealed so they have fair access to jobs and housing.
– Require AZDHS to limit the amount of THC (the chemical responsible for the “high” in marijuana) in edible marijuana products.
– Free up police to focus on real crime and hard drugs and unclogs the justice system which is currently backlogged with minor offenses.
– Create thousands of good-paying jobs across Arizona.

Source: https://azdispensaries.org/arizona-adult-use-marijuana-2020/

#FindYourOasis

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Arizona MMJ Laws

What’s New In 2020 for AZ Marijuana Laws?

Written by Dr. Joy

Mandatory Lab Testing for All Cannabis Products

AZ Lab Testing

In Arizona, mandatory lab testing for medical marijuana products has not been a requirement of the AZ Medical Marijuana Program, however with the passage of Senate Bill 1494, all cannabis products must be tested by a certified independent third-party laboratory before they are sold to patients. The bill takes effect November 1, 2020, and the required testing will determine any unsafe levels of heavy metals, microbial contamination, growth-regulators, herbicides, pesticides, fungicides or residual solids. Once the law takes effect, patients will have the right to view a copy of the test results from the dispensary upon request, and dispensaries are required to post a notice informing patients of their right to view the third-party lab test results.  The Arizona Department of Health Services is charged with developing rules and procedures to regulate and certify the laboratory testing facilities prior to the new law taking effect.

Currently Oasis provides our patients with testing results for many of our products, especially flower. We will not place flower on our shelves if we have not seen test results from the grower. This is one of many ways Oasis goes above and beyond to ensure the highest quality and customer service for our patients.

AZ Medical Marijuana Cards are Now Electronic

AZ Electronic Medical Records

Senate Bill 1494 also required the Arizona Department of Health Services to begin issuing digital patient cards as of December 1, 2019. Physical patient cards will be phased out as cards are lost, expired or replaced, however if your physical card is current, the dispensary will still accept them until their expiration date. Any cards issued after December 1, 2019 are now valid for 2 years, creating a great savings for AZ Medical Marijuana patients.

Patients can now access their medical marijuana card with their mobile device, or a copy of the digital card can be downloaded from the AZ Department of Health Services online portal and printed. We accept physical cards and digital cards at the dispensary, and a printout of your card may also be used with a valid ID.

At Oasis, we realize digital cards may be a challenge to some patients without Smartphones or internet access, so we can assist you with printing a card for your use in our dispensaries. We value your patronage and we want to make sure the AZ Medical Marijuana program is as easy as possible for you to navigate.

Recreational Use on the Arizona 2020 Ballot

AZ Recreational Use

Arizona voters may have the opportunity to approve the legalization of recreational marijuana use on the 2020 ballot. The Smart and Safe Act allows for the purchase and possession of one ounce of marijuana (or 5 grams of concentrate) at a time within the state by adults 21 years and older.

The Smart and Safe Act includes several measures to increase support for the legalization of recreational marijuana since a similar measure failed by a slim margin in 2016. Some highlights of the proposed act include:

  • The Department of Health Services would have until June 1, 2021 to establish rules for allowing dispensaries to sell recreational marijuana.
  • Adults may cultivate up to six marijuana plants at home.
  • Recreational marijuana would be subject to the normal sales tax rate and an additional 16% excise tax. (AZ Medical Marijuana card holders will not have to pay the excise tax)
  • Employers are not required to accommodate or permit the use of marijuana on the job. The act also does not restrict the rights of an employer to maintain a drug-free workplace.
  • The act does not allow marijuana use in open spaces or public places.
  • The act prohibits the sale of any marijuana product that resembles an animal, fruit, human, toy, insect or cartoon.
  • The proposed law does not allow for operating any heavy machinery or vehicle while under the influence of marijuana.

A complete copy of the Smart and Safe Act can be viewed here.

To learn how to get your card and to see the full list of qualifying conditions click here.

To schedule a free appointment with our resident medical director during her office hours click here.

Feel free to contact us directly at any time for more information. We look forward to helping you find relief!

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Arizona MMJ Laws

History of Medical Marijuana Legalization in Arizona

Written by Budtenders

As represented on this timeline, the History of Marijuana as Medicine started back in 2900 BC

The federal government in the United States continues to classify marijuana as a Schedule 1 Substance, meaning it has no accepted medical value and it has a high potential for abuse

This federal law has not stopped states from legalizing marijuana.  In 1996, California was the first state to legalize medical marijuana.  Currently, recreational marijuana is legal in 8 states and the District of Columbia, and medical marijuana is legal in 29 states and the District of Columbia

1996 – Proposition 200

  • Arizona was one of the leaders in the fight to legalize marijuana.
  • In 1996, voters approved Proposition 200 (65% – 35%).
  • Proposition 200 was a drug policy reform initiative; however, it also contained a provision allowing the use of marijuana with a doctor’s prescription.

1998 – Proposition 300

  • A technicality in terminology caused repeal of the medical marijuana portion of proposition 200 a few months after its approval by voters in 1996.
  • Proposition 200 allowed doctors to prescribe marijuana; however, a prescription was prohibited by federal law.
  • Future propositions corrected the language to avoid conflict with federal law by replacing the term prescription with recommendation.
  • The revision of Proposition 200, named Promposition300, was rejected by voters in 1998.

2002 – Proposition 203

  • Arizona voters failed to legalize medical marijuana (42.7% – 57.3%).

2010 – Proposition 203

  • With a narrow majority, Arizona approves medical marijuana (50.1% – 49.9%).

2016 – Proposition 205

  • Recreational marijuana failed to win a majority of the voter’s support (48.7% – 51.3%)
  • The proposed legislation would have legalized recreational marijuana use for adults of 21, with regulation similar to alcohol, including a 15 percent tax on retail sales.

2018 – In Progress 

  • Recreational marijuana may get on the November 2018 ballot.
  • Initial paperwork filed allows the committee until July 2018, to obtain 156,042 signatures to qualify to get on the ballot.

As of September 2016, Arizona has about 100,000 medical marijuana patients and about 100 operating state-licensed medical marijuana dispensaries. The Arizona Department of Health Services (AZDHS) regulates the Arizona medical Marijuana Act (AMMA).

 

Who can purchase medical marijuana?

  • An Arizona medical marijuana card is needed to purchase it:
    • Recommendation required from a state-licensed doctor.
    • Patient must have at least once qualifying condition.
    • Allows for the purchase and possession of up to 2.5 ounces from a state-licensed dispensary every two weeks.
    • Special qualifications can permit patient to grow up to 12 pants or find a caregiver to grow for them.
  • Patients under 18 years old must apply with their custodial parent or legal guardian.
  • The qualifying patient may designate a caregiver.

 

What medical conditions qualify? 

  • Qualifying medical conditions:
    • Cancer
    • Glaucoma
    • Human Immunodeficiency Virus (HIV)
    • Acquired Immune Deficiency Syndrome (AIDS)
    • Hepatitis C
    • Amyotrophic Lateral Sclerosis (ALS)
    • Crohn’s Disease
    • Agitation of Alzheimer’s disease
    • A chronic or debilitating disease or medical condition or the treatment for a chronic or debilitating disease or medical condition that causes:
      • Cachexia or wasting syndrome;
      • Severe and chronic pain;
      • Severe nausea;
      • Seizures, including those characteristic of epilepsy;
      • Severe or persistent muscle spasms, including those characteristic of multiple sclerosis
      • If your medical condition is missing from the list of qualifying medical conditions, Arizona permits individuals to request additions to the list.

 

Who can write a medical marijuana certification in Arizona? 

  • Physicians with a valid Arizona license may who have a physician-patient relationship with the patient may write a medical marijuana certification on the specified ADHS form for a patient with a qualifying condition. These physicians include Allopathic (MD), Osteopathic (DO), Homeopathic [MD(H) or DO(H)], and Naturopathic [NMD or ND].
  • The law does not require a physician to write medical marijuana certifications for a patient with a qualifying condition.
  • If the diagnosing physician chooses not to write the certificate, a patient can consult with another physician to obtain the written certification. The new physical must certify that he has made or confirmed the patient’s qualifying medical condition, and the physician declares he has undertaken specific activities to establish a physician-patient relationship.
  • Annually, the patient needs to obtain certification from a physician that the qualifying condition still exists.

Click here to learn the steps involved in obtaining your medical marijuana card in Arizona. 

 

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Arizona MMJ Laws

How to Get Your Medical Marijuana Card in Arizona

Written by Budtenders

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Proposition 203 or the Arizona Medical Marijuana Act was passed in November 2010, allowing patients suffering from certain painful and debilitating conditions, access to marijuana. The Arizona Department of Health Services ADHS is responsible for governing the matters regarding the medical marijuana law and issuing the Medical Marijuana Card or the Cannabis Card in Arizona.

What Qualifies as Medical Purposes?

If you are suffering from any of the following conditions, you get legal state protection and convenient access to marijuana in Arizona:

  • Cancer
  • Human Immunodeficiency Virus (HIV)
  • Amyotrophic Lateral Sclerosis (ALS)
  • Cachexia or Wasting Syndrome
  • Severe and Chronic Pain
  • Severe Nausea
  • Agitation of Alzheimer’s disease
  • Seizures and Epilepsy
  • Hepatitis C
  • Post Traumatic Stress Disorder (PTSD)
  • Crohn’s Disease

The important thing to note here is that in addition to the diseases and conditions mentioned in the Act, the Severe and Chronic Pain category might include pain resulting from any condition or treatment of a condition. Extremely painful conditions like Sickle Cell Anemia may not be listed; however, since it may cause excruciating pain, you may be able to qualify for a medical marijuana card. Similarly, painful rehabilitation programs may be a basis to qualify.

How and Where to Get the Medical Marijuana Card?

If you have already been diagnosed with one or more conditions listed above, and have medical records of the past 12 months showing you have been treated for the said conditions, you can apply for a medical marijuana card. You will need a recommendation from a doctor licensed to dispense medical marijuana in AZ, as your application must accompany a signed Medical Marijuana Physician Certification Form along with documents proving your identification.

You can submit your application online; however, it is best to schedule an appointment with a medical marijuana doctor who can submit your application for you along with the required documents to the ADHS. This allows you hassle free access to your Medical Marijuana Card that will likely be mailed to you within 10 days of your doctor’s visit.

What to Bring When You Go?

When you visit a state-approved medical marijuana physician for your certification, you must bring following things with you:

  • A copy of a valid Arizona ID like Arizona’s Driver License or Arizona Identification Card
  • A current photograph
  • A valid and current credit card, debit card or a pre-paid card
  • Supplemental Nutrition Assistance Program (SNAP) documentation

Your doctor will provide and submit following forms in addition to your marijuana card application:

  • Signed and dated Medical Marijuana Patient Attestation
  • Medical Marijuana Physician Certification Program

If you are under 18 years old, you must also provide information about the legal guardian or caregiver

How Much Does It Cost?

Even though you are receiving access to marijuana for medical purposes, the insurance companies do not cover the state’s medical marijuana application fee or medical marijuana physician consultations. You will need to pay following fees to get your medical marijuana card:

  • $150 dollar state fee, if you participate in SNAP program (food stamps) you have to pay $75
  • Around $100-$150 for your medical marijuana doctor’s consultation and recommendation fee

You can expect to pay anywhere around $300, if you are looking to get most of the documentation and process sorted out by your physician’s office.

How to Renew Your Card?

Your medical marijuana card will expire one year after the issue date. The expiry date is clearly mentioned on the right side of your card. It is important that you apply for the renewal at least 30 days before the expiry date. You cannot apply more than 90 days prior to the expiration. The renewal process is similar to the initial application for your card, requiring you to submit same yet updated documents and costing you the same amount of money.

How to Get Your Medical Marijuana 

There are about 100 state-licensed medical marijuana dispensaries in Arizona. It is important to access a quality dispensary near you, when looking to buy legal medical marijuana. You need to bring your marijuana card as well as a government issued ID to get the amount and kind of marijuana you need to help you with your medical condition.

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