Arizona MMJ Cardholder FAQ: Legal Protections & Benefits

1. Am I protected from arrest or prosecution with an MMJ card?

 

 

Yes. Under the Arizona Medical Marijuana Act (AMMA – A.R.S. § 36-2811), registered MMJ patients are legally protected from arrest, prosecution, or penalty for possessing, purchasing, or using cannabis for medical use—within the state’s limits and compliance guidelines.

 

 

 

2. Can I be fired for failing a drug test if I have an MMJ card?

 

 

Not solely for testing positive. Arizona law prohibits employers from firing or disciplining employees only for THC presence if they are valid MMJ cardholders. Employers must have a good-faith belief that the employee was impaired while working (e.g., odor, slurred speech, poor coordination) to justify taking action.

 

 

 

3. Are there exceptions for certain jobs?

 

 

Yes. If your job is considered safety-sensitive (e.g., commercial driving, heavy machinery operation) or if you work for a federally regulated employer, your employer may lawfully prohibit cannabis use—even if you’re a registered MMJ patient.

 

 

 

4. Does an MMJ card protect my parental or custody rights?

 

 

Yes. A parent’s status as a medical marijuana patient cannot be used as the sole reason to deny custody or visitation. Under A.R.S. § 36-2813, Arizona courts must assess the overall best interests of the child. As long as your use is legal, responsible, and not impairing your ability to parent, your MMJ card status cannot be used against you.

 

 

 

5. Can I own a firearm with an MMJ card?

 

 

It depends:

 

• State Law: Arizona does not prohibit MMJ patients from owning or possessing firearms.

• Federal Law: The Gun Control Act of 1968 prohibits marijuana users from purchasing firearms from federally licensed dealers (FFLs).

 

 

 Important Distinction:

Holding a valid MMJ card provides stronger legal clarity and state-level protections, while recreational users have no such protections. If you use cannabis recreationally and own a firearm, you are more legally vulnerable.

 

 Important to Note:

When buying a firearm through an FFL, you must complete Form 4473, which asks if you use illegal drugs. Admitting to marijuana use—including being a medical patient—is considered a “yes” under federal law, and will result in denial of the purchase, even though MMJ is legal in Arizona.

 

 

 

6. Can I be evicted for using MMJ at home?

 

 

In most cases, no. Private landlords cannot evict or refuse housing solely because you’re an MMJ cardholder, but they can prohibit smoking on the property if outlined in your lease. You’re typically protected when using non-smokable forms (e.g., tinctures, edibles) in private. Your disclosure is your decision.

 

 Federal Housing Exception:

If you live in federally subsidized housing (Section 8, HUD), MMJ is still considered illegal under federal law, and cannabis use can result in eviction—even with a valid card.

 

 

 

7. Do recreational users have the same protections?

 

 

No. Recreational users do not receive the same protections in employment, custody, housing, or firearm possession. If you want full legal protections and medical access, obtaining a valid MMJ card is the best option.

 

 

 

8. What are the advantages of having an MMJ card vs. being a recreational user?

 

 

There are several key benefits:

 

• Higher Possession Limits:

  MMJ cardholders can legally possess up to 2.5 ounces every 14 days, compared to recreational users who are limited to 1 ounce total—with only 5 grams of that allowed to be concentrate.

• Stronger Potency Products:

  Medical patients have no potency restrictions on edibles, while recreational users are limited to 100mg per package (10mg per piece). MMJ cardholders can legally purchase and possess high-dose edibles over 100mg.

  In addition, MMJ patients have no statutory limit on concentrate purchases, as long as they remain within their overall 2.5-ounce allotment. Recreational users are strictly capped at 5 grams of concentrate for both purchase and possession.

• Exclusive Access to RSO (Rick Simpson Oil):

  As of 2025, RSO is only available to MMJ patients in Arizona. This potent cannabis extract is frequently used by cancer patients and others managing serious medical conditions, and is no longer legally sold to recreational users.

• Tax Savings:

  MMJ patients are exempt from the 16% recreational cannabis excise tax, making treatment significantly more affordable.

• 2-Year Validity:

  Arizona MMJ cards are valid for two years, offering long-term access without frequent renewals.

• Legal Protections:

  MMJ cardholders are protected in areas like employment, child custody, housing rights, and firearm ownership at the state level—protections that are not extended to recreational users.

 

 

 

 

Need Help Getting Certified?

 

 

We’re here to help guide you through the process and ensure you get the benefits and protections you deserve.