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Judge Rules on Marijuana Cultivation Rights for Patients


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Judge Katherine Cooper has officially ruled to whether Arizona’s medical marijuana patients have a constitutional right to cultivate marijuana.

Judge Cooper rejected the attempted challenge to a provision in the Arizona Medical Marijuana Act which states that patients must live further than 25 miles from a dispensary in order to legally cultivate marijuana.

She claims the provision does not limit their healthcare rights, stating that dispensaries are not a healthcare system because they do not manage, process, enroll or pay for healthcare services for qualifying patients.

This ruling will require that the over 95 percent of Arizona’s medical marijuana patients who live within 25 miles of a dispensary will have to purchase their medicine from any of the nearly 100 state-licensed dispensaries currently open.

This article is a continuation of the article: “Arizona Cultivation Law Could Change.”

Find state-licensed Arizona dispensaries.

 


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Arizona legalized marijuana for recreational use in November 2020. The law allows adults aged 21+ to purchase, possess and use cannabis. State-licensed cannabis dispensaries began selling recreational marijuana in early 2021. There are over 150 dispensaries in Arizona — a majority of them are in populous areas such as Phoenix, Tucson and Flagstaff. Recreational cannabis delivery services began operating in 2024.  


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