One of the outstanding legal uncertainties regarding our implementation of AZ Medical Marijuana Act has been the Compassion First v. Brewer lawsuit that challenged our authority to require future dispensaries to have a Medical Director. We’ve always thought dispensary medical direction was a key component to making sure that future dispensaries act in the best interest of patients and prevent recreational diversion. After a judge’s ruling today, it looks like we’ll be OK.
Today a Maricopa Superior Court judge denied the Plaintiffs’ “Motion for Leave” to Amend their previous Complaint (which the court invalidated some of our dispensary selection criteria). The Compassion First were attempting to re-open the case to challenge our requirement that dispensaries have a medical director.
In his opinion (that largely tracks our argument), the judge denied their Motion, finding that the Plaintiffs failed to provide an adequate basis for declining to bring the medical director challenge in their initial complaint and that we (and the public) would be unduly prejudiced if the Court were to grant their Motion. Of course, the Compassion First plaintiffs could always appeal- but (for now) the upshot is that we can require future dispensaries to have medical direction.
What’s Debilitating?
April 20th, 2012The voter approved language in the AZ Medical Marijuana Act directs us to periodically accept and evaluate petitions to add new debilitating medical conditions. We’ve made it through the first phase of considering whether to add 4 new debilitating conditions… 1) Post Traumatic Stress Disorder; 2) Generalized Anxiety Disorder; 3) Migraines; and 4) Depression. You’ll be able to give us your thoughts about these four conditions at a public hearing next month (May 25th from 1 – 4 p.m. at our State Lab). You can read the information we already have about these four starting next week.
If we decide to add PTSD or any other debilitating conditions, we want to make sure we’re on solid medical ground. I’m heading down to a conference in Tucson next weekend where physicians can get Continuing Medical Education credits for learning about medical cannabis.
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