Yes, the cultivation of medical and adult-use marijuana is legal in Cochise County as supported by the Arizona Revised Statutes Title 36 Chapter 28.1 or the Arizona Medical Marijuana Act and Chapter 28.2 or the Responsible Adult Use of Marijuana. Cultivation may only be done in an enclosed, locked facility. This includes a closet, room, greenhouse, or other enclosed areas with locks and security devices to prevent unauthorized access. Cultivation areas must not be visible from public view using unaided eyes.
Registered nonprofit medical marijuana dispensaries and marijuana establishments perform commercial cultivation. Nonprofit medical marijuana dispensaries are legally authorized to acquire, possess, cultivate, manufacture, deliver, transport, supply, sell, or dispense medical marijuana and related supplies. Meanwhile, marijuana establishments cultivate adult-use marijuana. These establishments may be (a) a single retail location that cultivates, manufactures, and dispense marijuana, (b) a single off-site cultivation area that also manufactures marijuana products but does not sell to consumers, and (c) a single off-site area that only manufactures marijuana. Additionally, dual licensees operate to cultivate, manufacture, and dispense medical and adult-use marijuana.
Cochise County also allows the personal cultivation of medical and adult-use marijuana. As stated in A.R.S. § 36-2804.02, qualifying patients who reside twenty-five miles from a registered nonprofit medical marijuana dispensary may apply for a registry identification card and designate a personal cultivator. A limit of 12 plants per patient may be cultivated following state regulations. Per A.R.S. § 36-2852, Cochise County adult residents aged 21 and above may cultivate six adult-use marijuana plants. The limit is increased to 12 plants per household with more than one adult resident. Selling personally cultivated marijuana to other consumers is strictly prohibited.
Yes, it is legal. Medical and adult-use marijuana is manufactured by nonprofit medical marijuana dispensaries and marijuana establishments, respectively. These establishments may prepare marijuana products such as ointments, tinctures, and edibles by compounding, blending, extracting, or infusing marijuana and other ingredients. Under the Arizona Administrative Code Title 9 Chapter 17, establishments producing or selling marijuana-infused edibles must obtain an additional food establishment license.
Marijuana may not be manufactured into forms that resemble humans, animals, insects, fruits, toys, or cartoons. These products must not be packaged and labeled falsely or misleadingly. Furthermore, establishments may not advertise or sell their products with names that imitate products targeted to children. Packaging must have a scannable QR code that will display the following information:
Cochise County adult residents may personally manufacture adult-use marijuana in their residences. However, only manual or mechanical means, including sieving and ice water separation, are allowed. The limit on personal manufacturing is set to one ounce or less of marijuana and five grams of marijuana concentrate.
Cochise County permits the retail of medical and adult-use marijuana as pre-rolls, flowers, tinctures, extracts, pills, edibles, beverages, topicals, and accessories. Nonprofit medical marijuana dispensaries offer medical marijuana, while marijuana establishments with retail stores dispense adult-use marijuana. Dual licensees dispense both medical and adult-use marijuana. As of June 2023, Cochise County has at least one medical marijuana dispensary and one marijuana establishment.
The state sets the purchase limit to:
Residents may purchase medical and adult-use marijuana as long as they are within purchase limits. Medical marijuana users must be registered in the state’s Medical Marijuana Program, while adult marijuana users must be at least 21 years old. Registered qualifying patients may also purchase adult-use marijuana if within purchase limits.
Qualifying patients or designated caregivers must present their registry identification cards to the dispensary. A dispensary agent will verify the registration’s validity in the state’s verification system. After dispensing, the agent must enter the following information in the verification system: (a) quantity dispensed, (b) who received the purchased medical marijuana, (c) date and time of purchase, and (d) registry identification card number of the dispensary and dispensary agent who dispensed the medical marijuana.
Driving under the influence and using medical or adult-use marijuana publicly is unlawful in the county.
Yes, Cochise County allows the delivery of medical and adult-use marijuana. However, adult-use marijuana delivery will only be available on or before January 2025 once the Arizona Department of Health Services has adopted rules regulating adult-use marijuana delivery.
Once available, adult-use marijuana may be delivered through an unmarked vehicle equipped with a location tracking system, video surveillance, and recording equipment. Products may only leave a retail location once an order is made, and excess or unallocated products may not be brought during deliveries. A delivery log must be accomplished on every trip to ensure compliance with state regulations.
Under GD-107-PHS-EDC, medical marijuana may be delivered to patients or caregivers with a valid registry identification card. Dispensary agents must perform the same processes when dispensing medical marijuana in a dispensary when delivering medical marijuana. On top of this, a dispensary is required to complete a trip plan and maintain a copy during delivery. An unmarked vehicle must be utilized during deliveries, and marijuana products must not be visible to the public.
Cochise County residents certified to have one of the debilitating medical conditions may apply for a registry identification card. Debilitating medical conditions include cancer, glaucoma, HIV/AIDS, Hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, and agitation of Alzheimer’s disease. Additionally, debilitating medical conditions or their treatment that cause cachexia, severe chronic pain, severe nausea, seizures, persistent muscle spasms, and multiple sclerosis are included in the list.
The written certification proving that patients may qualify for a registry identification card must be obtained 90 days before application. Qualified patients, adults or below 18 years old, must accomplish their application, which costs $150, online. The applicant must also submit an attestation form to verify that all information submitted is accurate. Once approved, applicants will receive their electronic cards through the Individual Licensing Portal.
Inquiries may be sent to the Arizona Medical Marijuana Patient Card Registry Office:
M2programsupport@azdhs.gov
(602) 364-1793
Toll-Free (844) 700-7300
In compliance with state regulations, Cochise County imposes a transaction privilege tax on the retail sale of medical and adult-use marijuana. As of June 2023, the transaction privilege tax rate in the county is 6.10% for medical and adult-use marijuana. Meanwhile, city privilege tax rates are as follows:
On top of this, a 16% excise tax is paid for by users of adult-use marijuana. On June 1, 2023, Cochise County had 1,849 qualifying patients, ten designated caregivers, 74 dispensary agents, and 887 facility agents.
Medical marijuana became legal in Cochise County when Arizona passed the Arizona Medical Marijuana Act in December 2010. About ten years later, the adult use of marijuana became lawful after Arizona passed the Smart and Safe Arizona Act in November 2020.
Generally, crime rates in the county have significantly decreased since 2008. According to the data submitted by the Cochise County Sheriff’s Office on the FBI Crime Data Explorer, arrests for marijuana possession and sales in the county throughout the years were: