Terms Used In Arizona Laws > Title 36 > Chapter 28.1 - Arizona Medical Marijuana Act

• Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Building code: means the construction codes that were in force at time of building construction, including plumbing and mechanical codes, electric codes, residential construction codes, energy conservation codes and existing building construction codes, and includes any property maintenance codes, neighborhood preservation codes, anti-blight codes or other similar codes, however denominated. See Arizona Laws 9-1301
• Cardholder: means a qualifying patient, a designated caregiver, a nonprofit medical marijuana dispensary agent or a independent third-party laboratory agent who has been issued and possesses a valid registry identification card. See Arizona Laws 36-2801
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Debilitating medical condition: means one or more of the following:

  (a) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease or agitation of Alzheimer's disease or the treatment of these conditions. See Arizona Laws 36-2801

• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of health services or its successor agency. See Arizona Laws 36-2801
• Designated caregiver: means a person who:

  (a) Is at least twenty-one years of age. See Arizona Laws 36-2801

• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Excluded felony offense: means :

  (a) A violent crime as defined in Section 13-901. See Arizona Laws 36-2801

• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Independent third-party laboratory: means an entity that has a national or international accreditation and that is certified by the department to analyze marijuana cultivated for medical use. See Arizona Laws 36-2801
• Independent third-party laboratory agent: means an owner, employee or volunteer of a certified independent third-party laboratory who is at least twenty-one years of age and who has not been convicted of an excluded felony offense. See Arizona Laws 36-2801
• Landowner: means any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns and personal representative of the owner, or a representative authorized by a landowner to submit to a city or town a development application for a property for approval. See Arizona Laws 9-1201
• Lien: A claim against real or personal property in satisfaction of a debt.
• Marijuana: means all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant. See Arizona Laws 36-2801
• Medical use: means the acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. See Arizona Laws 36-2801
• Nonprofit medical marijuana dispensary: means a not-for-profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to cardholders. See Arizona Laws 36-2801
• Nonprofit medical marijuana dispensary agent: means a principal officer, board member, employee or volunteer of a nonprofit medical marijuana dispensary who is at least twenty-one years of age and has not been convicted of an excluded felony offense. See Arizona Laws 36-2801
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the person, corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust shown on the lawfully recorded title to the property. See Arizona Laws 9-1301
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Physician: means a doctor of medicine who holds a valid and existing license to practice medicine pursuant to Title 32, Chapter 13 or its successor, a doctor of osteopathic medicine who holds a valid and existing license to practice osteopathic medicine pursuant to Title 32, Chapter 17 or its successor, a naturopathic physician who holds a valid and existing license to practice naturopathic medicine pursuant to Title 32, Chapter 14 or its successor or a homeopathic physician who holds a valid and existing license to practice homeopathic medicine pursuant to Title 32, Chapter 29 or its successor. See Arizona Laws 36-2801
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property: means all real property subject to zoning regulations and restrictions by a city or town. See Arizona Laws 9-1201
• Protected development right: means the right to undertake and complete the development and use of property under the terms and conditions of a protected development right plan and this article, without compliance with subsequent changes in zoning regulations and development standards, except as provided by section 9-1204. See Arizona Laws 9-1201
• Protected development right plan: means a plan submitted by a landowner to a city or town, that, if approved by the legislative body of the city or town and if identified as a protected development right plan at the time it is submitted, grants the landowner, for a specified period of time, a protected development right to undertake and complete the development as shown on the plan. See Arizona Laws 9-1201
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualifying patient: means a person who has been diagnosed by a physician as having a debilitating medical condition. See Arizona Laws 36-2801
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Registry identification card: means a document issued by the department that identifies a person as a registered qualifying patient, a registered designated caregiver, a registered nonprofit medical marijuana dispensary agent or a registered independent third-party laboratory agent. See Arizona Laws 36-2801
• Residential dwelling unit: means a building or structure or part of a building or structure that is used for a home or residence by one or more persons who maintain a household. See Arizona Laws 9-1301
• Residential rental dwelling unit: means a dwelling unit that is leased or rented to one or more tenants. See Arizona Laws 9-1301
• Trustee: A person or institution holding and administering property in trust.
• Venue: The geographical location in which a case is tried.
• Verification system: means a secure, password-protected, web-based system that is established and maintained by the department and that is available to law enforcement personnel and nonprofit medical marijuana dispensary agents on a twenty-four-hour basis for verifying registry identification cards. See Arizona Laws 36-2801
• Visiting qualifying patient: means a person:

  (a) Who is not a resident of Arizona or who has been a resident of Arizona less than thirty days. See Arizona Laws 36-2801

• Written certification: means a document dated and signed by a physician, stating 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 or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. See Arizona Laws 36-2801