Last May (after receiving a threatening letter from the Arizona U.S Attorney’s Office) the Governor suspended the dispensary portion of the Arizona Medical Marijuana Act with a genuine concern that state employees would be federally prosecuted. Last year, we asked the federal court to provide us with guidance regarding the obvious conflicts between the Arizona law and the federal Controlled Substances Act. The federal court’s refusal to address the issue on the merits left many unanswered questions regarding these conflicts. It’s unfortunate that the Federal court and the Arizona U.S Attorney’s Office couldn’t provide clarity for us on this issue. However, after careful consideration, the Governor has asked us to implement the dispensary portion of the AZ Medical Marijuana Act.
Our first step will be to review the rules for accepting dispensary applications. Our rules had originally stated that we’d accept dispensary applications last June. Obviously, that’s no longer possible- so we’ll need to set new application dates using the State’s rulemaking process. We’re working on those rules right now. The process is complicated by the fact that a lawsuit called Compassion v. Arizona is challenging the scope and constitutionality of our medical marijuana rules. If that lawsuit is withdrawn or settled quickly, we could begin accepting dispensary applications this Summer.
Interesting that DHS would need that case settled first. Perhaps because that case could PROVE that marijuana prohibition is unconstitutional and that is why it needs to be “withdrawn or settled quickly”??
I say we have our day in court, and that is coming from a potential dispensary operator folks. I stand to lose a lot. I would rather see the truth be told in a court of law however. The truth that cannabis and hemp can heal this damaged planet of ours, this damaged body of mine. We complain about chopping down rainforests, yet we ban the plant that could replace trees in the textile industry as a more useful and sustainable crop.
Our own government that you sought council form on this topic has already decided that “absent a ruling from this court there is no ‘harm’ in implementing Arizona’s Medical Marijuana Act.”
At face value it would appear that (name removed by editor) has just confirmed what us Constitutionalists have been yelling since day one of marijuana prohibition.
There is no corpus delicti in a marijuana case of ANY type. For those that don’t know there are three elements to corpus delicti, according to SCOTUS.
“In every prosecution for crime it is necessary to establish the “corpus delecti”, i.e., the body or elements of the crime.” People v. Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185
and those elements are:
“Elements of “corpus delecti,” injury or loss or harm and a criminal agency which causes such injury, loss or harm, need only be proven by a “reasonable probability,” i.e., by slight or prima facie proof…” People v. Ramirez, 153 Cal.Rptr. 789, 791, 91 C.A. 132
Notice the “harm”??
We all want patients to have access to safe and reliable cannabis for medicinal purposes but is squashing the Compassion V Arizona case going to help us achieve it??
Interesting to see how the media will play this out. If you would like to appeal (name removed by editor), all you have to do is (sentence removed by editor).
Good Luck to ALL of those involved.
Thanks for the continued transparency DHS and Will.
thank goodness they judged settled it for them. this forces us to go back to rule making. i felt Mr Humble went way too far in his rulemaking. another thing mr humble will loose next year? the consulting firm who makes the id-cards. read the law again mr humble. its the framers intent that azdhs would use the money and hire STATE employes and not outsiders. thank god for (name removed by editor) lawsuit and (name removed by editor). now we can move forward because rulemaking will be reformed. get ready arizona, the door is now open.
As a point of clarification, the blog should read Compassion First v. Arizona, not Compassion v. Arizona, which may have some ponderous implications.
You are delaying our medical rights! Stop beating around the bush and start doing your job of licensing dispensaries! This is another ploy to delay the process.
Please drop 25 mile rule being allowed to grow is best way to get my medicine for less cost
sorry thats actually the law, however in most other states, ca, co this can be grandfathered but don’t hold your breath, yet it will be an issue because in that same law, it states the ultimately any of these rule in reference to zoining is up to the cities and counties. patients and caregivers alike are the fuel that drives the MMJ industry. dispenseries by from vendors, vendors are patients and caregivers, it’s the law dispenseries can’t keep up with demand and never will. patient growers keep growing, soon you see for yourself the marijuana market come alive. dispenseries will either buy your medicine or close their doors earlier, some will but the smart owners will develope relationships with non-profit collectives, groups of patient-caregivers that serve their membership yet legally can sell their excess to the dispenseries. this is the law so get excited, mr humble read it decipher it for what it is and as a landlord, i can all a patient or caregiver the right to grow on my property. read it’s in there. the AMMA is one the best MMJ laws in the country. compare it and see, stacked up against most other state MMJ laws. Mr humble made an attempt to derail a good law but it didn’t work, so when rulemaking roles around again and it will, be there at the meetings folks it helps. lend your voice in advocacy for the law and in the fairness in implementing this law. it’s a good one designed to help states not hurt them. arizona will soon feel the positive effects of revenues and jobs that are long overdue if you ask me. i’m happier than a pig in slop. i retired early from law eforcement and make this my life. cultivating for those who can’t afford to do it themselves and not have to live with the hypocracy of marijuana. it’s been a healer for years, i’m living proof marijuana works. (name removed by editor) and mr humble nearly shattered a dream i’ve had for nearly 30 years, cultivating legal marijuana but look at us now boy look at us now.
Dispensaries are fine, the 25 mile rule is not. When they are reviewing the rules they should look into whether or not the 25 mile rule violates the equal protection clause of the 14th amendment.
Can you please tell me when and how we can get compassion Az to withdraw there suit so the dispensaries can open and operate in a lawful, organized, model type with many different strains in a fashion very professional. Thank you
Isn’t Arizona tired of going backward? This is great new’s but this shouldn’t have been an issue to begin with. T. A. New River.
Can I fill out a dispensary application today ? If so , where is it?
I have the same question, if you get the data please let me know!
Please visit our website for up to date information at azdhs.gov.
How do I submit application to open a dispensary
When you find out let me know? Seriously. I own a building and I’m ready to do this.
The last I heard the Maricopa Board of Supervisors had ruled that there would be no MMJ dispensaries in Maricopa County.
Is this ruling still in effect?
If it is still in effect how will this change the rules as it pertains to Maricopa County?
If this ruling has been rescended, how and when was this accomplished?
A reply would be appreciated very much!
Michael E. Duggins
Will a patient with cultivation rights be allowed to prevent a dispensary from opening within 25 miles? If not, then why not, in terms of Equal Protection? Can the AZDOH tell me where to move in order to keep my cultivation rights safe from dispensary encroachment? The rules are written to re-crimonalize patient cultivators, and this prospect is terrifying and not being addressed.
we will address it when rulemaking is reopened, be there please. that and any other rules azdhs thinks it worth holding on to, so be there to give em (word removed by editor). the 25 mile rule is the law however in that law a cit or county can change and or amend zoing ordinance. this a matter for your local town halls meetings. it’s a good argument and most other states this provision was granfathered in. one reason being it doesn’t hurt a dispensary if you choose to grow it yourself and we can still buy from a dispensary and guess what you can also become a vendor for your local dispensary. read the law. caregivers, soon will be hit up by every (word removed by editor) dispensary in the state soon, watch, just you watch. unlike california, we won’t have the luxury the where everybody is growing and sell their excess to the dispensary. we will also, get to know your local dispensary owners because they need your help trust me. if they want to keep their doors open they will buy good medication.
How will it affect those of us with cultivation endorsements? Specifically if my renewal date is before a dispensary has opened within 25 miles of my grow operation, will that endorsement continue for a calendar year, or am I responsible to find out the distance and stop operations. Could it be contended that they need to open 25 miles from me?
Well, I hope that 2 things change, first, the zoning is ridiculous, that to me was just another way to block this process. Second, who cares if someone has a bankrupcy, if it was 10, 15 years ago, THAT should not be held against them. If someone has a good business plan and has the capital to start, that is all that should matter. Also, you should try and keep big business/corporations out! Thank you for your time…
Yay Arizona! I’m glad to see another champion rise to the demands of voters! I’m proud to have Arizona in the USA defending the rights of Americans!
There are still concerns regarding one portion of the Rules and regulations set forth by DHS that has many potential dispensary operators and patrons alike very concerned, 36-2806 C.
“C. A registered nonprofit medical marijuana dispensary shall have a single secure entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.”
This poses obvious safety and security concerns. It also seems to be in direct violation of most municipal fire codes. Unless of course you were using the word “entrance” in a very specific way such as the front “business entrance” and rear employee “entrance”. Words are very specific Mr Humble and anyone looking to operate a dispensary should be concerned about this fact.
During a robbery there would be no possible escape route, during a fire the same scenario presents itself, no escape route if the problem is at that “entrance” also known as “the only exit.”
Please help us, help you.
I would imagine that AZ z(name removed by editor) recent ruling that the (name removed by editor) & Health Department must abide by voters wishes (even though we are way behind 120 day required by law schedule) will finally initiate a viable solution to making available to the 18,000+ legal card holders medicine that the state has charged fees for but denied access to, other than growing which requires months and years of serious gardening before any effective variety is developed to aid with the problems associated with the cardholder’s current needs. Thank You (names removed by editor)!
Am I the only 1 who sees the bigger picture here that now Once the dispensaries are open it will be illegal for any patients to grow their own medication And we will be forced into dispensaries that are completely monopolizing arizona medical marijuana program. It’s unfair and it’s completely taking away 1 of the main benefits and reasons for legalizing medical marijuana 2 patients especially lower and middle class people
Arizona State Constitution
Article 2 Section 13
Equal privileges and immunities:
Section 13. No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.
I believe your statement is incorrect when you say: “…Once the dispensaries are open it will be illegal for any patients to grow their own medication…”. I was never aware that dispensaries negate one’s ability to grow their own. Perhaps Mr. Humble and staff can clarify this point on this health department sanctioned blog.
The act passed by the voters only allows people to grow marijuana if they live more than 25 miles away from an operating dispensary.
Well we will just have to vote again!!!WONT”T WE!!!
Accurate information and perspective!