Posts Tagged ‘marijuana’

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.

First Dispensary

November 15th, 2012

Our team just returned from a field inspection for a dispensary applicant in Glendale.  There were no major deficiencies, and we awarded the dispensary an “approval to operate” late this afternoon.  This is the first dispensary approval to operate we’ve issued in the State.  By law, we’re not allowed to publicly disclose the address. 

The fact that a dispensary is now licensed in the Valley also means that the “self-grow” part of the law will change on Friday.  Beginning tomorrow we’ll be declining new “requests to cultivate” among new cardholders in most of the metro area…  because self-grow (12 plants) is only allowed when the patient lives more than 25 miles from the nearest dispensary.  The vast majority of the Valley is within 25 miles of this new dispensary.   

We’re also adding a new feature to our website to help people figure out if they live within 25 miles of a dispensary.  Because of the changes to the system, we’ just took the it offline.  We’ll work on it over the weekend and most of the application process should be up and running on Monday.

Medical Condition Petition Status

July 6th, 2012

The AZ Medical Marijuana Act requires us to periodically accept petitions to add new medical conditions to the list of conditions that qualify folks for an AZ Medical Marijuana Registration Card.  In January, we accepted petitions from the public and had a public hearing in May.  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 contracted with the U of A to review published scientific studies related to marijuana use and the petitioned conditions.  You can see the UA analyses for Depression; Generalized Anxiety Disorder; Migraine Headaches; and Post Traumatic Stress Disorder (PTSD) on our petition website.  Our ADHS medical team will be meeting within the next week or so and will be providing me with their analysis and recommendations.  The ultimate decision rests with me,  the Director, and I have a decision deadline in late July.

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.

“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.

Week 1 for Dispensary App’s

May 18th, 2012

We’ll wrap up our first week of accepting medical marijuana dispensary Registration Certificate applications today. We’ve received about 40 applications so far this week- and our team has been doing an excellent job of reviewing the applications for “Administrative Completeness” this week- so much so that we don’t even have a backlog (yet).  

Any applications that are “Administratively Incomplete” (in other words, if they’re missing something) are being 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.  If there’s only 1 qualified applicant in a Community Health Analysis Area- that applicant will be awarded a Certificate.  We’ll be holding a random drawing on August 7 to award Certificates in the CHAAs with more than 1 qualified applicant. 

Prospective applicants can check out our Registration Certificate Application ChecklistInstructions, and the official Application on our Medical Marijuana Dispensary webpage.  We’re refreshing our dispensary application page each weekday around the close of business to show how many applications we’ve received by Community Health Analysis Area.  Applicants have until next Friday (May 25) to finish and turn in their paperwork.

Dispensary Application Window Opens

May 14th, 2012

Today marks the start of the 2-week window for applying for a medical marijuana dispensary Registration Certificate in Arizona.  Prospective applicants can check out our Registration Certificate Application ChecklistInstructions, and the official Application on our Medical Marijuana Dispensary webpage.  In the first two hours, seven people had dropped off applications.

We’ll start reviewing applications as they come in- and we’ll stop taking applications at the close of business on May 25.  We’ll have 30 working days to review the applications- and folks will have 20 working days to submit any documents or information that were missing during our review of the application.  We expect to award all of the Medical Marijuana Dispensary Registration Certificates on August 7.  If there’s only 1 qualified applicant in a Community Health Analysis Area- that applicant will be awarded a Registration Certificate.  We’ll be holding a random drawing on August 7 to award Registration Certificates in the CHAAs with more than 1 qualified applicant.

We’ll refresh our dispensary application page every weekday around the close of business to show how many applications we’ve received by Community Health Analysis Area.