Posts Tagged ‘Arizona Medical Marijuana Act’

Arizona Medical Marijuana Program Snapshot at 2

April 20th, 2013

This month marked the 2nd anniversary of our Arizona Medical Marijuana Program.   We began issuing cards to qualifying patients 2 years ago this week, and as of April 16th we had about 38,000 qualified patients in AZ.

On the Dispensary side of the house…  16 dispensaries are approved to operate in AZ, and another 13 have turned in their paperwork asking for an opening inspection.  All 98 of the applicants that received Registration Certificates last Summer have until August 7th to complete all of our requirements and earn their operating license- because all of the certificates expire on that day.   Also, June 7 is the deadline for prospective dispensaries to turn in their Approval to Operate application.

By the way, the state computer system will be down for maintenance this Saturday 4/20 and there may be intermittent service, but things should be back on-line Sunday.

New M2 Petitions on Horizon Again

January 23rd, 2013

Last January we accepted petitions from the public to add PTSD 1PTSD 2; Depression; Migraines; and Generalized Anxiety Disorder to the list of conditions that qualify patients to receive a Medical Marijuana Registration Card.  Because my guiding principle for making the decision was to use science and research to make the decision, we contracted with the U of A College of Public Health to do an evidence review of published scientific studies to help us to make a more informed decision.  You can see the UA’s analyses for Depression; Generalized Anxiety Disorder; Migraine Headaches; and Post Traumatic Stress Disorder (PTSD) on our petition website.   Our literature review found limited scientific evidence to document whether Cannabis is helpful or not for the petitioned conditions or that support permanently adding the petitioned conditions to the statutory list of qualifying debilitating conditions identified in the Act.  In short- I didn’t approve the petitions last year because of the lack of published data regarding the risks and benefits of using Cannabis to treat or provide relief for the petitioned conditions. 

The AZ Medical Marijuana Act requires us to periodically accept petitions to add new medical conditions- and we are once again accepting petitions to add new debilitating medical conditions this week (January 25 – 31) on our petition website. Our medical team will meet after January 31st and will be providing me with an initial analysis regarding whether any petitions we receive meet the screening criteria…  and we’ll be using the UA College of Public Health to review the scientific literature for any that pass the screening test.  Assuming we receive qualified petitions, I’ll need to make a final decision by July 2013.  Our website shows folks how, what, where, and when to submit petitions.

Dispensary Zoning Case

December 13th, 2012

Last week a Superior Court judge ordered Maricopa County to process the zoning paperwork that has been submitted by the applicant for the Sun City CHAA.  The Maricopa County Attorney asked for a Stay of the decision while he appealed the case to the Court of Appeals.  This morning, the Superior Court judge denied that request for a Stay.  There’s still an appeal pathway for the Maricopa County Attorney if he asks for a Stay of the decision from the Appellate court while the pre-emption arguments are made at the Appellate level.  For our part- we did not take a position at today’s hearing… and we will simply continue to wait for the applicant in the Sun City CHAA to turn in its zoning paperwork, which would complete the application.  At that point we would process it the same as the other 98.

By the way- AZ now has 3 operating dispensaries, one in Glendale and one in Tucson.  Another dispensary in Cochise County opened today.  Because of the 3 operating dispensaries and provision in the voter approved language that only people that live more than 25 miles away from a dispensary are authorized to cultivate, more than 70% of Arizonans now live in areas where self-cultivation will no longer be permitted.  However, we’re grandfathering the cultivation rights for current card-holders until they renew their card or move into an area that’s within 25 miles of a dispensary.

Dispensary Court Ruling

December 4th, 2012

  

A Superior Court judge ruled today in the dispensary case concerning the applicant in the Sun City CHAA.  The judge ordered the county to begin processing the required zoning paperwork.  This was the only application for this area,  so the next step for the applicant is to submit to us a completed application including  the zoning paperwork from the county.   The Department will process this application the same as the other 98 applications.

M2 Petition Decision

July 19th, 2012

The voter approved list of conditions that already qualify patients for an AZ Medical Marijuana Registration Card (with a doctor’s certification) includes any of the following: any chronic or debilitating disease or medical condition (or its treatment) that causes severe and chronic pain, severe nausea, severe and persistent muscle spasms, wasting, or seizures, cancer, glaucoma, HIV, Hepatitis C, ALS, Crohn’s disease, agitation of Alzheimer’s disease.  The AZ Medical Marijuana Act also requires us to periodically accept petitions to permanently add new medical conditions to the list of conditions that qualify folks for a card.  

We accepted petitions from the public to add new medical conditions back in January.  Folks submitted numerous articles as a part their petitions for PTSD 1PTSD 2; Depression; Migraines; and Generalized Anxiety Disorder.  We also received lots of informal comments regarding adding PTSD; Depression; Migraines; Generalized Anxiety Disorder and General comments.  We also heard in person testimony from dozens of folks at our public hearing in May.

Because my guiding principle for making the decision was to use science and research, we contracted with the U of A College of Public Health to do an evidence review of published scientific studies to help us to make a more informed decision.  You can see the UA’s analyses for Depression; Generalized Anxiety Disorder; Migraine Headaches; and Post Traumatic Stress Disorder (PTSD) on our petition website.   The UA used the GRADE methodology to evaluate the quality of the studies looking at the benefits and harms of using Cannabis to treat or provide relief for the conditions that were petitioned to add to the list of qualifying conditions for a Medical Marijuana Registration card.  Also, our ADHS Medical Advisory Committee reviewed and analyzed the data and provided me with recommendations earlier this week.

We heard and received a host of moving stories from the public both on-line and during our a public hearing in May.  Many of the commenters and folks that testified self-reported that they believe Cannabis provided relief for the petitioned conditions.  However, our literature review found limited scientific evidence to document whether Cannabis is helpful or not for the petitioned conditions or that support permanently adding the petitioned conditions to the statutory list of qualifying debilitating conditions identified in the Act.  In short- I didn’t approve the petitions because of the lack of published data regarding the risks and benefits of using Cannabis to treat or provide relief for the petitioned conditions. 

However, some of the petitioned conditions (such as migraine headaches) already qualify patients for a medical marijuana registration card if they cause severe and chronic pain, severe nausea, severe and persistent muscle spasms, wasting, or seizures.

Whatever you think of the decision, just know that our team and I really took an objective and close look at the scientific evidence before making this decision.  And remember, the Act provides for a judicial review of this decision and a continuing petition process.  In fact, we’ll be accepting petitions again next week.

M2 Contracts On Deck

June 23rd, 2012

We have a couple of new projects in the works to ensure that the dispensary system reflects a medical rather than a recreational system.  We’re working with Arizona’s pharmacy/poison control systems to put together a contract to provide technical assistance and educational materials to the future dispensary medical directors.  We’re also putting together a contract to hire a vendor to help us ensure that the future dispensaries are truly “non-profit”.  The  contractor will be reviewing the required dispensary audited financial statements to make sure they’re on the up-and-up in terms of truly being “non-profit”.  For example- (among other things) the contractor will be looking for evidence that dispensaries are getting “fair value” for goods, services, salaries, and reimbursements- to make sure that they don’t use a shell game to over-pay for things or services as a way of moving assets out of the dispensary.  Stay tuned.

Selection Tuesday

June 21st, 2012

Overall, we ended up receiving 486 medical marijuana dispensary applications among our 126 Community Health Analysis Areas (CHAAs).  Twenty-seven of the CHAAs had no applicant at all- leaving 99 Community Health Analysis Areas with at least 1 applicant.  Seventy-five of the 99 had more than 1 applicant.  Assuming that each of these end up being complete, we’ll need to randomly select successful applicants in 75 of the CHAAs (we’ll be posting an updated summary of how many complete applications there are by CHAA in a few weeks).  Here’s how it’ll work for the competitive CHAAs on Selection Tuesday (August 7):  

We’ll be using a device that blows balls inside of a clear cage to randomly select the successful applicant in each CHAA.  Applicants will be assigned a random code in advance…  and the person with the code that matches the ball that blows into the chamber will be allocated a Registration Certificate.  We’ll repeat this process for each of the competitive CHAAs.  The process will be webcast live on a URL that we identify a few days before August 7.  The Act doesn’t allow us to identify the successful applicants by name or even business name publicly- so the live announcement will be made using the code that only the applicants will have.  Each applicant will receive their unique identifier electronically so they’ll know whether they won their CHAA drawing via the webcast.  The Certificates will be mailed later that day. 

Everybody that’s allocated a Dispensary Registration Certificate will have a little less than a year to build out and get an “Approval to Operate”.  Keep in mind that an application for Approval to Operate a dispensary is not complete until we get a written notice that the dispensary is ready for an inspection and they meet our criteria.  Our team recently put together some tools to help Registration Certificate holders meet our Approval to Operate criteria, including an Approval to Operate Application Checklist, Approval to Operate Application Instructions, and the Dispensary Inspection Checklist.

The Gray Lady Speaks

June 8th, 2012

The standards set by ADHS for the medical marijuana dispensaries made the big time today.  The New York Times carried a story today that highlights the limited number of dispensaries in the state; the need for dispensaries to carefully secure, store and track the marijuana; and the medical director functions.  The reporter interviewed dispensary applicants, some of whom have interests in the medical marijuana business in other states.  They talked about how they like the Arizona law because they say it makes their business legitimate.

The New York Times is nicknamed the Gray Lady because of the ratio of newsprint to graphics!

“It’s a Wrap”

May 25th, 2012

It’s been a busy week for our medical marijuana team.  Our 2-week dispensary application period ended a couple of hours ago…  as did the hearing regarding adding new debilitating medical conditions.

We received 484 dispensary applications over the last 2 weeks.  As you know, we have 126 Community Health Analysis Areas (CHAAs) and a maximum of 126 possible dispensaries (one per CHAA).   Some of our CHAA’s received multiple applications- for example, the Estrella CHAA had 16 applicants and the Flagstaff E  CHAA 13 had applicants.  Many other CHAAs had only 1 applicant. 27 areas didn’t receive any applications.  You can see the number of applications by CHAA on our website.

Our team just finished logging all of the applications that we received and has already started reviewing some of the applications for “Administrative Completeness”.  Any applications that are “Administratively Incomplete” (in other words, if they’re missing something) will be returned to the applicants so they can correct whatever is wrong.  In June, we’ll be checking for “Substantive Completeness” (which is a more thorough, quality review), and the applicants will have another chance to make corrections.  We expect to award all of the Registration Certificates on August 7.

Registration Certificates will be awarded to applicants in CHAAs with only 1 applicant on August 7 as long as their application is Administratively and Substantively complete.  We’ll be holding a random drawing on August 7 to award Certificates in the CHAAs with more than 1 qualified applicant.   Of course, some CHAAs will not have a dispensary this year because we didn’t have an applicant.

We also had our hearing regarding adding debilitating medical conditions this afternoon at our Laboratory.  We heard from dozens of folks – some urged us to add the conditions and some that urged us not to.  We have also received hundreds of comments on-line.  We have several more weeks before we need to make a decision.  If you’d like to view the public comment session, we have a link on our website.

 

Debilitating Conditions Hearing

May 24th, 2012

Friday afternoon we’re holding a public comment session about whether or not to add four new debilitating conditions to the medical marijuana program.  The comments should center on scientific studies done on how marijuana affects Post Traumatic Stress Disorder, Migraines, Depression and Generalized Anxiety Disorder.  We’re looking for peer-reviewed, published studies that show the benefit or the danger of marijuana specific to these four conditions.

For almost a month, folks have been commenting on line about the petitions to add conditions.  More than 80 people have provided input so far.  At the hearing on Friday, speakers will have two minutes to address one of the conditions.  (The hearing will be broken into two segments – the first is to hear about the PTSD studies and runs from 1 until 2:30.  The second half from 2:30 until 4 is for the other three.)   We’ll open the doors at 12:55. 

We’re also streaming the audio from the session on our website for people that can’t make it to Health Services (we’re having technical difficulties with the video- but that might work too by then).  Anybody can use the online comment tool to provide input to the final decision.  There’ll be a room at ADHS to listen to the live stream of comments in our 1740 W. Adams, Phoenix, AZ 85007 building in case the meeting room is over capacity.  The time will be the same as the public comment session – 12:55 – 4 p.m.

Changing anything the voters have created comes with a heavy responsibility – one we take seriously.  We’ll listen to the folks who come to ADHS and read the written comments before we make any decisions about adding new conditions.  The decisions will likely come in July.