Dispensary Court Ruling

December 4th, 2012 by Will Humble Leave a reply »

  

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.

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16 comments

  1. Michele says:

    Some questions regarding dispensaries that seem to be up in the air.

    1. If dispensaries are to be open 30 hours a week for the patients can they operate on an appointment only basis? This seems to be counter to the intent of the AMMA and why should a patient be required to make an appointment to pick up their medicine?

    2. If dispensaries are limited to just selling bud (dried flowers of the female plant) how does this classify as an operating dispensary since there are no options for patients that do not smoke or vaporize medical marijuana. The dispensary I talked to today (that is open) said your agency will not let them sell medical edibles, topicals or other concentrates at this time. Believe it or not a majority of the patients want options besides the bud (which is overpriced and not affordable for the average patient).

    3. How are you going to handle the patient requests to evoke the “grandfather clause” when it comes to home cultivation? In Tucson our City Council has passed zoning rules that allows both the caregivers and patients to both cultivate 12 plants and that rule was put in place knowing that dispensaries were opening up. I talked with a City Council staff person who said that in Tucson they will honor all the home cultivation regardless of the 25 mile rule.

    4. Finally with AzDHS sitting on millions of dollars isn’t it time to reassess the fees you charge new patients as well as renewing patients? The program is to help seriously ill patients and not to line your pockets. Please explain why Arizona has the most expensive fees on getting a small plastic card in the entire nation.

    Thank you.

    • Will Humble says:

      Michelle,
      I will give you the same answers that where given to you on facebook:

      Some questions regarding dispensaries that seem to be up in the air.
      1. If dispensaries are to be open 30 hours a week for the patients can they operate on an appointment only basis? This seems to be counter to the intent of the AMMA and why should a patient be required to make an appointment to pick up their medicine? The rules simply state that the dispensaries must be open 30 hour a week.

      2. If dispensaries are limited to just selling bud (dried flowers of the female plant) how does this classify as an operating dispensary since there are no options for patients that do not smoke or vaporize medical marijuana. The dispensary I talked to today (that is open) said your agency will not let them sell medical edibles, topicals or other concentrates at this time. Believe it or not a majority of the patients want options besides the bud (which is overpriced and not affordable for the average patient). The law does not mandate that dispensaries must sell edibles. If a dispensary wants to sell edibles they will have to apply for a food service permit and to date ADHS has not received any applications for selling them. Once there are more dispensaries open you are free to purchase edibles at those that sell them. There is no provision in the law for the sales of topicals.

      3. How are you going to handle the patient requests to evoke the “grandfather clause” when it comes to home cultivation? If a dispensary opens up within 25 miles of the patient’s residence then the next time the card is renewed, there is a change of address or a change of cultivation status their new card will not allow for them to grow their own marijuana.
      In Tucson our City Council has passed zoning rules that allows both the caregivers and patients to both cultivate 12 plants and that rule was put in place knowing that dispensaries were opening up. I talked with a City Council staff person who said that in Tucson they will honor all the home cultivation regardless of the 25 mile rule. A city’s zoning laws are separate from the enforcement of the medical marijuana laws. Cities do not have jurisdiction to change the medical marijuana law or the administrative rules.

      4. Finally with AzDHS sitting on millions of dollars isn’t it time to reassess the fees you charge new patients as well as renewing patients? The program is to help seriously ill patients and not to line your pockets. Please explain why Arizona has the most expensive fees on getting a small plastic card in the entire nation. The cost of administration of a medical marijuana program is high. As you may know, Arizona’s program is looked at as a model with integrity across the country. The Arizona law, as passed by the voters, requires a great deal of regulation and that the fees collected must be used for ADHS’s role in the many medical marijuana lawsuits filed in Arizona Courts. ADHS will reassess the fees after the first several years in full operation.

  2. ron m says:

    good ruling and it’s about time. now can the azdhs stop second guessing the other powers to be and get on with the program please. thank goodness for proper rulings inspite of the designed prohibitive measures from our ELECTED! officials.
    who will not be voted in for an additional term,

  3. ron m says:

    rob of another month and now we get some justice. how has it been since we voted on the bill? yea too long.

  4. TC says:

    An AMMA Patient and 12 marijuana plants can produce 24 lbs or more of useable marijuana, two to six times a year which far exceeds the 2.5 Oz (equal to a 2 cup packet of dehydrated country gravy) every 2 week rule.

    the 25 mile rule is unconstitutional as it creates three classes of Patients, two of which are discriminated against;

    those AMMA Patients that do not receive SNAP benefits and live within 25 miles of a registered dispensary pay $300 or more per Oz.

    those AMMA Patients that receive SNAP benefits and live within 25 miles of a registered dispensary pay $150 or more per Oz.

    those AMMA Patients that do not live within 25 miles of a registered dispensary pay $0 per Oz.

    why is there a 50 per Oz State luxury tax on medical marijuana ?

    once a Citizen is given authorization to cultivate marijuana, that authorization becomes a right of, and private property of,
    a Citizen that cannot be taken away, with and/or without just compensation (i.e., lawful money (gold and silver) vs legal tender (not gold and silver).

    • Will Humble says:

      TC,
      There should only be a local sales tax. If you have questions regarding taxation, please contact the Department of Revenue.
      Thanks

    • Farrok says:

      I don’t know what strain you are growing but to get 24 pounds of 12 plants? You must be growing bamboo or cotten not marijuana; you must be smoking the stalks……………

      Please state what strain you are growing?

  5. Michele says:

    Now that Arizona Organix (Glendale) is open they are posting on their website photos of their MMJ strains and these photos are of medicine from California. How can a dispensary sell to Arizona patients medicine that is not grown in Arizona? This seems to be diversion in my book and could you please investigate this so patients are not inadvertently breaking the law buying cannabis that’s not Arizona grown.

    • Will Humble says:

      Michelle,
      Licensed dispensaries are able to obtain inventory from four places. Its own growing facility, another dispensary, a qualified patient or a designated caregiver.

  6. Mike says:

    Mr Humble,
    An issue has occured with the implentation of dispensaries and the 25 mile halo rule. If you are grandfather claused for grow rights ( in theory, eleven months for some ) and simply change your address, the halo rule absolves your cultivation rights and will not allow you to proceed with your application. If you already reside in the halo and you move within that halo for any number of reasons that life would dictate your moves, the loss of our rights would seem our addresses were grandfathered and not the actual patient. If you would be considerate during these holidays and ensure if we are truly grandfathered our “rights” and not our addresses so we may participate in our state run programs and adhere to the law properly with sensibility on all sides. You’ve done so well with this considering the issues, please don’t make this appear as a lazy over sight or a back door approach to shut everyone down immeadiately with legal reprecussions. Happy holidays

    • Will Humble says:

      Mike,
      This is an interesting set of circumstnaces that I haven’t thought of yet, and our team is looking at the language of the act to see where our flexibility lies.
      Thanks

      • Michele says:

        As usual you have not thought through anything very well in implementing this program. Your only hope is to step aside and let someone else do this correctly.

  7. Michele says:

    Mr. Humble,

    I have posted questions to your Director’s blog and you have scrubbed them off and not answered them. Is this the way you run your Department as the highest official in charge? Why can’t you address the questions I have asked and please stop scrubbing them off of your website.

    • Will Humble says:

      Michele,
      The answers to your questions were already given to you on facebook; I apologize, as I assumed you were satisfied with that reply.

  8. Scott says:

    Mr. Humble,

    Could you please provide some clarification on what is “legal” as of today’s date, in reference to patient cultivation. It seems everyone from the media to patients has a different understanding of what is legal right now.

    My question is: if someone is authorized to cultivate, now with a dispensary opening, are patients still allowed to cultivate UNTIL they renew their cards at which time cultivation privileges will be rescinded for the renewing patient? Is this correct?

    Some are implying that all patient cultivation is immediately suspended upon a dispensary opening within 25 miles, which seems to be incorrect.

    Thanks in advance for your clarification.

    • Will Humble says:

      Scott,
      You are correct, patients who were authorized to cultivate will still be able to do so until their card is up for renewal; or a patient has to change their address for any reason on the card. Hope this helps.
      Thanks

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