We filed our official rules for regulating medical marijuana with the Secretary of State last week. The official rules include a few clarifications that weren’t in the set of unofficial rules that we posted on March 28. The clarifications are reflected in the Arizona Medical Marijuana Rules, Medical Marijuana Act AZ Statutes and the Frequently Asked Questions. Here’s a summary of the clarifications:
· R9-17-302(A)(5) and R9-17-304(D)(1)(f)(ii)
The 03/28/11 rules allowed applicants for a dispensary registration certificate to submit documentation of $150,000 available to begin operating. The rule was clarified by requiring the documentation to be dated within 30 days before submitting the application that the monies have been under the control of the entity submitting the application or a principal officer of the entity including the documentation demonstrating that the monies had been under the control of the entity or principal officer for at least 30 days before the application was submitted.
The Arizona Medical Marijuana Act requires an applicant for a dispensary registration certificate to provide a sworn statement that the dispensary is in compliance with any local zoning restrictions. The final and official version of the rules clarifies that requirement by asking dispensary registration certificate applicants to submit documentation from the local jurisdiction that the proposed dispensary location complies with the zoning restrictions or that the local jurisdiction doesn’t have any zoning restrictions. We won’t be requiring an applicant to submit a special use permit or a conditional use permit in the initial application for a registration certificate (if that jurisdiction has such a requirement). However, these permits, if applicable, will be required when a dispensary that has been allocated a registration certificate applies for approval to operate. We’ll be posting a sample template letter that cities can use on the dispensary portion of our website shortly to make this documentation easier.
Another clarification in this subsection requires an applicant for a dispensary registration certificate to submit documentation that the applicant owns the location of the proposed dispensary or has permission from the owner of the location to operate a dispensary at the location.
The 03/28/11 rules prohibited a medical director from providing a written certification for medical marijuana for a qualifying patient obtaining marijuana from the dispensary associated with the medical director. The final and official rule makes it clear that medical directors are prohibited from providing written certifications for medical marijuana to any qualifying patient (once they become a medical director of a dispensary).
We’ll be accepting dispensary registration certificate applications through the month of June. After that, we’ll review the applications and allocate one dispensary registration certificate for each CHAA to qualified, selected applicants. To learn more about the registration certificate allocation process and how to submit a registration certificate application, check out our Registration Certificate Application Checklist; Registration Certificate Application Instructions; and our Registration Certificate Allocation Flowchart.
Finally, we’ve posted our first weekly Patient Application Summary Report– which provides basic demographic data and a summary of the number of patient applications by Community Health Analysis Area. Updated reports will be available on our website every Thursday evening.
Could you please clarify for everyone the definition of medical marijuana? It is my understanding there is “useable” marijuana (which is the medical) and “unuseable” marijuana which is everything but the medical marijuana. This is really important for everyone that will be involved in the program.
Second there has been lots of information coming out from the lawyers representing dispensary applicants that state your blog indicated that registered patients and caregivers can sell access of their medicine up to the dispensaries (when they are up and running of course) and this is clearly not allowed by the Arizona Medical Marijuana Act. Your blog is read widely by everyone and you need to clear this up because if not this is a disaster waiting to happen. In California the dispensaries are able to purchase marijuana from the patients and the growers and millions of dollars are changing hands back and forth. Please add some FAQs to your hub to explain that patients and caregivers can only give away extra medicine to the dispensaries and no compensation is to be part of the transaction. This is one of the most important parts of Prop 203 to protect the patients and caregivers from just turning this into a commercial enterprise to benefit the dispensaries to the detriment of the patients.
You cannot sell, and we do have faq’s posted on our website.
I too can’t find any doctors, homeopaths or naturopaths in Northern or Northeastern AZ who are recommending medical MJ other than Kingman and Cottonwood. Without disclosing any physician’s name….can you tell me any other city in NE AZ like Show Low, Holbrook, Springerville, Saint Johns, Snowflake, Taylor, Sanders, etc., in which you have received a recommendation. My patient is unable to travel long distances.
Please click on this link.
Your instructions: “You should be provided with the appropriate fingerprint card by the law enforcement agency”
My Sheriff’s Office: The agency requiring the cards supplies them and we will then process them”
Houston, we have a problem!
Everything is located on our website. Please visit this link, or visit our faq section.
Will—If I read that link correctly it doen’t tell me they got their recommendation from the a doctor located in the CHA, rather the chart just shows where the applicant resides. Is that correct?
That is correct.
What is your response to the U.S Department of Justice threatening to arrest state employees helping to facilitate the MMJ program?
On April 14, 2011, the U.S. Attorneys for the Eastern and Western Districts of Washington sent a letter to the Governor of Washington that contains a clear statement that the U.S. Attorney will prosecute people involved in the medical marijuana industry, including state workers who implement or oversee state medical marijuana laws. The U.S. Attorney for the Northern District of California, Melinda Haag, sent a letter dated February 1, 2011, to the City of Oakland that also said that she would prosecute people involved in the “industrial growing of marijuana.”
These three U.S. Attorneys each said that they consulted with U.S. Attorney General Eric Holder about the state legal medical marijuana issue and that their letters state the U.S. Attorney General’s position From these two recent letters it is apparent that the Department of Justice is giving a clear warning to everybody in the state legal medical marijuana business other than patients and caregivers that they risk prosecution for violating federal criminal laws involving marijuana. DHS are you listening? The text of the letter follows.
We are waiting for more information from the Arizona U.S. Attorney’s office before drawing any conclusions.
Will- Yep, me again.
Your answers are very vague around this issue of patients and/or caregivers selling their excess medicine to dispensaries. Note that nobody will be harvesting *exactly* the amount of medicine that they require. They will grow a bit more than they need so that if they lose a few plants, etc., they aren’t without medicine. Now, my opinion is that if the rules do not allow patients to responsibly and legally get their excess medicine to dispensaries, then the rules are implicitly encouraging the diversion of medicine to the black market. The rules allow a patient/caregiver to be compensated for growing expenses, so presumably there would be some cash exchanged between the dispensary accepting the ‘donation’ and the patient, unless the dispensary were to compensate for growing expenses in some way other than monetarily. The term “sell” [to dispensaries] may not be entirely accurate (though you did explicitly say in another blog entry that “caregivers will be able to sell” to dispensaries, which you removed from your blog last week), but once and for all, for those of us who don’t have $5,000 to pay a medical marijuana lawyer to examine the issue:
Do the rules allow for a patient or caregiver who has produced medicine in excess of their allowable amount to provide that medicine to a legal medical marijuana dispensary and to be compensated monetarily for the expenses incurred in producing that medicine?
If the answer is that this is a gray area which the DHS does not take a stand on but rather will need to be hashed out in Arizona courts, then please say so.
Some of us are trying to help provide medicine for ourselves and are dedicated to doing it honestly, fairly and in accordance with state laws. Getting vague answers to our questions does not facilitate our responsible participation in this program.
Thanks in advance.
Please see 36-2806 F
F. A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY MAY ACQUIRE USABLE MARIJUANA OR MARIJUANA PLANTS FROM A REGISTERED QUALIFYING PATIENT OR A REGISTERED DESIGNATED CAREGIVER ONLY IF THE REGISTERED QUALIFYING PATIENT OR REGISTERED DESIGNATED CAREGIVER RECEIVES NO COMPENSATION FOR THE MARIJUANA.
Hi, I am a current Michigan patient and will be moving to Tempe in August. Will you please either send me a link or clarify here what I need to do in order to get reciprocity? Both Michigan and Arizona are qualified states, as I understand it, is that true?
AzDHS does not regulate individuals with out of state cards. Please visit our website for further clarification.
does having your dispensary in your homes illegal, or should we have to be located on a commercial space?
There are no dispensaries at this time, we are not licensing any.