Ariz. Rev. Stat. » Title 36
Arizona Revised Statutes

Ariz. Rev. Stat. § 36-2804.02 (2026)

Registration of qualifying patients and designated caregivers

✓ current as of May 2026
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36-2804.02. Registration of qualifying patients and designated caregivers

 

(Caution:  1998 Prop. 105 applies)

 

A. A qualifying patient may apply to the department for a registry identification card by submitting:

1. Written certification issued by a physician within the ninety days immediately preceding the date of application.

2. The application fee.

3. An application, including:

(a) Name, mailing address, residence address and date of birth of the qualifying patient except that if the applicant is homeless no address is required.

(b) Name, address and telephone number of the qualifying patient's physician.

(c) Name, address and date of birth of the qualifying patient's designated caregiver, if any.

(d) A statement signed by the qualifying patient pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.

(e) A signed statement from the designated caregiver, if any, agreeing to be the patient's designated caregiver and pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.

(f) A designation as to who will be allowed to cultivate marijuana plants for the qualifying patient's medical use if a registered nonprofit medical marijuana dispensary is not operating within twenty-five miles of the qualifying patient's home.

B. The application for a qualifying patient's registry identification card shall ask whether the patient would like the department to notify him of any clinical studies needing human subjects for research on the medical use of marijuana.  The department shall notify interested patients if it is notified of studies that will be conducted in the United States.

 

 

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 2014–2022 · leading case: State of Arizona v. Ronald James Sisco II, 373 P.3d 549 (Ariz. 2016).
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State of Arizona v. Ronald James Sisco II, 373 P.3d 549 (Ariz. 2016). · cites it 2× “§ 36—2801(1)(a); § 36-2804.02(A)(3)(f). A designated caregiver may also cultivate up to sixty plants, but only if the caregiver cares for five patients, all five patients are author *539 ized to cultivate marijuana, and each patient designates the caregiver to cultivate on their…”
Saguaro Healing LLC v. State of Arizona, 470 P.3d 636 (Ariz. 2020). · cites it 2× “pdf; A.R.S. § 36-2804.02(A)(3)(e), (f) (indicating legislative intent to ensure access to medical marijuana by allowing caregivers and patients the ability to grow their own medical marijuana when a dispensary is not operating within twenty-five miles of the patient’s home).”
State v. Hon. hancock/jennifer Ferrell, 347 P.3d 142 (Ariz. 2015). · cites it 2× “The Act authorizes a person with a debilitating medical condition to obtain a registry identification card, which allows that person to possess and use limited amounts of marijuana for medical reasons without fear of “arrest, prosecution or penalty in any manner.”
State of Arizona v. Ronald James Sisco II, 359 P.3d 1 (Ariz. Ct. App. 2015). · cites it 3× “The AMMA restricts qualified patients from cultivating any plants at all if they reside within twenty-five miles of a dispensary, A.R.S. § 36-2804.02(A)(3)(f), and limits these patients to 2.”
State v. Abdi, 343 P.3d 921 (Ariz. Ct. App. 2015). · cites it 3× “If the caregiver agrees to assist with the patient’s medical use of marijuana and meets the other qualifications set forth in the statute, she may obtain a registry identification card from the department identifying her as a “designated caregiver.”
Leibsohn v. hobbs/voters Right to Know, 517 P.3d 45 (Ariz. 2022). · cites it 2× “§ 16-351(F) (accounting for the fact that an elector may sign a nominating petition using a “residence address” or a “mailing address”); see also A.R.S. § 36-2804.02(A)(3)(a) (requiring qualifying patients for medical marijuana to register by listing a “mailing address [and]…”
Keenan Reed-Kaliher v. State of Arizona, 332 P.3d 587 (Ariz. Ct. App. 2014). “3d at 1000 ; see also § 36-2804.02. Under § 36-2811, cardholders receive “two different statutory protections”: a rebuttable presumption that the holder’s possession or use of marijuana is for medical purposes if it is consistent with the AMMA’s requirements and an immunity from…”
State v. Kemmish, 418 P.3d 1087 (Ariz. Ct. App. 2018). · cites it 2× “A written certification must specify the patient’s debilitating medical condition, 2 be signed by the physician, and state “that in the physician’s professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat…”
Leibsohn v. hobbs/voters Right to Know (Ariz. 2022). · cites it 2× “§ 16-351(F) (accounting for the fact that an elector may sign a nominating petition using a “residence address” or a “mailing address”); see also A.R.S. § 36-2804.02(A)(3)(a) (requiring qualifying patients for medical marijuana to register by listing a “mailing address [and]…”
State of Arizona v. Ronald James Sisco II (Ariz. Ct. App. 2015). · cites it 2× “The AMMA restricts qualified patients from cultivating any plants at all if they reside within twenty-five miles of a dispensary, A.R.S. § 36-2804.02(A)(3)(f), and limits these patients to 2.”
State of Iowa v. Pamela Mildred Middlekauff (Iowa 2022). “Ariz. Rev. Stat. § 36-2804.02 (2019); Ariz.”
— Ariz. Rev. Stat. § 36-2804.02(A) — 2 cases
State v. Abdi, 343 P.3d 921 (Ariz. Ct. App. 2015). “If the caregiver agrees to assist with the patient’s medical use of marijuana and meets the other qualifications set forth in the statute, she may obtain a registry identification card from the department identifying her as a “designated caregiver.”
State v. Kemmish, 418 P.3d 1087 (Ariz. Ct. App. 2018). “A written certification must specify the patient’s debilitating medical condition, 2 be signed by the physician, and state “that in the physician’s professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat…”
— Ariz. Rev. Stat. § 36-2804.02(A)(3)(a) — 2 cases
Leibsohn v. hobbs/voters Right to Know, 517 P.3d 45 (Ariz. 2022). “§ 16-351(F) (accounting for the fact that an elector may sign a nominating petition using a “residence address” or a “mailing address”); see also A.R.S. § 36-2804.02(A)(3)(a) (requiring qualifying patients for medical marijuana to register by listing a “mailing address [and]…”
Leibsohn v. hobbs/voters Right to Know (Ariz. 2022). “§ 16-351(F) (accounting for the fact that an elector may sign a nominating petition using a “residence address” or a “mailing address”); see also A.R.S. § 36-2804.02(A)(3)(a) (requiring qualifying patients for medical marijuana to register by listing a “mailing address [and]…”
— Ariz. Rev. Stat. § 36-2804.02(A)(3)(c) — 1 case
State v. Abdi, 343 P.3d 921 (Ariz. Ct. App. 2015). “If the caregiver agrees to assist with the patient’s medical use of marijuana and meets the other qualifications set forth in the statute, she may obtain a registry identification card from the department identifying her as a “designated caregiver.”
— Ariz. Rev. Stat. § 36-2804.02(A)(3)(e) — 1 case
Saguaro Healing LLC v. State of Arizona, 470 P.3d 636 (Ariz. 2020). “pdf; A.R.S. § 36-2804.02(A)(3)(e), (f) (indicating legislative intent to ensure access to medical marijuana by allowing caregivers and patients the ability to grow their own medical marijuana when a dispensary is not operating within twenty-five miles of the patient’s home).”
— Ariz. Rev. Stat. § 36-2804.02(A)(3)(f) — 3 cases
State of Arizona v. Ronald James Sisco II, 373 P.3d 549 (Ariz. 2016). “§ 36—2801(1)(a); § 36-2804.02(A)(3)(f). A designated caregiver may also cultivate up to sixty plants, but only if the caregiver cares for five patients, all five patients are author *539 ized to cultivate marijuana, and each patient designates the caregiver to cultivate on their…”
State of Arizona v. Ronald James Sisco II, 359 P.3d 1 (Ariz. Ct. App. 2015). “The AMMA restricts qualified patients from cultivating any plants at all if they reside within twenty-five miles of a dispensary, A.R.S. § 36-2804.02(A)(3)(f), and limits these patients to 2.”
State of Arizona v. Ronald James Sisco II (Ariz. Ct. App. 2015). “The AMMA restricts qualified patients from cultivating any plants at all if they reside within twenty-five miles of a dispensary, A.R.S. § 36-2804.02(A)(3)(f), and limits these patients to 2.”
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