Glendale Dispensary Opening Postponed

November 19th, 2012 by Will Humble Leave a reply »

Last Thursday I announced in a blog post that our team had just returned from a field inspection for a dispensary applicant in Glendale, that there were no major deficiencies, and that we had awarded the dispensary an “Approval to Operate”.   Today the Applicant asked for a short delay in the effective date for their Operating License in order to ensure that things run smoothly when they officially begin operations.  Our team approved a delay in their license’s effective date this afternoon.  

Once the new dispensary begins its operations, we will no longer be approving “requests to cultivate” among new (and renewing) 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 operating dispensary according to the law.  The vast majority of the Valley is within 25 miles of this new (but not yet operating) dispensary. 

As an FYI…  once a dispensary is operating, it is required by our rules to be “…  operating and available to dispense medical marijuana to qualifying patients and designated caregivers at least 30 hours weekly between the hours of 7:00 a.m. and 10:00 p.m.”

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17 comments

  1. marge says:

    Hi, Will:
    Speaking of the Rules, is there posted somewhere (AZDHS.gov, AZSOS.gov) a “clean” version of the AMMA Rules incorporating the changes required by Judge Gama in his Gerald Gaines (dba Arizona Compassion) -v- AZDHS ruling? I found a “strikethrough” version that essentially has all the items required to be deleted denoted with lines through them, but as of last week the AZSOS website still has the original (eff 14-APR-2011) version of Title 9, Chapter 17 posted and not the updated judge- modified version. Any ideas?
    Thank you for your kind attention.
    Marge.

    • Will Humble says:

      Marge,
      You make a good point, as it stands you have to go two different places to obtain the current rules. We are currently working with the Secretary of State to correct this.
      Thanks

  2. kris says:

    Will,
    Is there any sort of idea as to the length of the postponed dispensary’s opening? Days? Weeks?

    • Will Humble says:

      Kris,
      The Glendale dispensary said that they would most likely open their doors within the first few weeks of December, but nothing is definite yet. As of right now, that is the only one due to open.

  3. Joel says:

    Is there any news of the pending “25 miles rule” lawsuit? I’m sure many patients would much rather grow there own than have to pay the high prices these dispensaries will be charging. Just woundering thanks

  4. Michele says:

    Mr. Humble,

    A few questions about the program as we move forward. Could you please clear these up since many patients would like to know the answers.

    1. How is your department going to make sure that all the medicine available at the dispensaries is actually grown in Arizona and not brought in from another dispensary from California or Colorado?

    2. Without requirements to provide testing results of cannibinoids how will patients truly know the quality of their medicine. It is really important that the medicine available in the dispensaries is high in CBDs and not just THC.

    3. How are you going to collect taxes on the sale of seeds? You do realize that the dispensaries are to track all their inventory from seeds to sale and in Arizona all seed sales are to be taxed.

    4. Are you going to require the dispensaries to label fully if their plants are grown hydroponically? Hydroponically grown medicine is full of synthetics (nutrients and pesticides) and seriously ill patients can have their health compromised if they use medicine that is grown hydroponically. It is important for patients to know if their medicine is organically grown (soil medium) or hydroponically and your labeling requirements seem very lax in my opinion. Anyone can make up a strain name which is meaningless to the average patients.

    5. Finally how are you going to address what happens to a dispensary if a daycare, church, or library moves into their zone once they are operating? The AMMA only protects the dispensary if a school moves into their zone, not churches, libraries, daycares etc. Are you planning on letting the dispensaries use the “grandfather clause” if this happens? Please let us know since once a library or church moves into the zone, an operating dispensary would then be forced to move since Prop. 203 does not offer them protection anymore.

    Thank you.

    • Will Humble says:

      Michele,
      You can find many of your answers on our website – http://www.azdhs.gov/medicalmarijuana/documents/dispensaries/DRC-ApplicationChecklist.pdf

      As you are aware, dispensaries must follow the Medical Marijuana law and rules or risk being cited.
      Dispensaries are required in the rules (R9-17-316) to only acquire marijuana from 4 places:

      1. The dispensary’s cultivation site,
      2. Another dispensary or another dispensary’s cultivation site,
      3. A qualifying patient authorized by the Department to cultivate marijuana, or
      4. A designated caregiver authorized by the Department to cultivate marijuana.

      There are no requirements for a dispensary to test or provide results of such testing in the rules.
      Seeds are not addressed in the rules.
      There are specific items required on the labels in the rules – the medium in which the marijuana is grown is not one of them.

      Local zoning rules would be addressed by local zoning authorities.

  5. Brad says:

    Will,

    I have been unable to find any official stance on what happens to caregivers/patients authorized to cultivate once a dispensary opens within 25 miles. Do they immediately lose their cultivation rights, or is it only once their card renews?

    • Will Humble says:

      Brad,
      If you are authorized to grow, and a dispensary opens & operates within 25 miles in which you reside, you will be able to grow until your card expires; or you have to change your address. Hope this helps.

  6. Greg says:

    Mr. Humble,

    I am having trouble finding clarification on whether patients who are currently authorized to cultivate must cease and desist when the dispensary opens or if they are allowed to cultivate through the expiration date on their current license? Does the dispensary opening negate current authorizations? While I am aware the department will no longer be approving new applications for authorization to cultivate, how will current card holders be affected?

    Thank you

    • Will Humble says:

      Greg,
      If you are authorized to grow, and dispensary opens and operates within 25 miles in which you reside, you will still be authorized to grow until your card expires; or you move and have to change your address. I hope this helps clarify.

  7. bill says:

    Dispensaries are required in the rules (R9-17-316) to only acquire marijuana from 4 places:

    1. The dispensary’s cultivation site,
    2. Another dispensary or another dispensary’s cultivation site,
    3. A qualifying patient authorized by the Department to cultivate marijuana, or
    4. A designated caregiver authorized by the Department to cultivate marijuana.

    Now since only one despensary has been inspected–you expect one to believe that enough patients and caregivers are going to donate there product to a despensary–so the dispensory can make money selling it to the public? will they get enough donated to supply most of the phoenix metro area for 3 months? it takes at least 3 months time from seed to smokable quality meds.
    If a despensary comes up with their own product or product from another dispensary in the next few weeks they had to be growing before approval.
    will your department require documentation as to where they aqyired the product?
    bill

  8. Kim says:

    Mr Humble:
    the website indicates that our address in now within 25 miles of a dispensary. My husband is a card holder but no dispensaries have opened as we have been watching the news nor has he received any notification. Can you explain? Thank You

    • Will Humble says:

      Kim,
      If you are living within 25miles of an “operating” dispensary, your current card is good until you have to renew it or change an address. In another words, if it specifies on the card that you can grow, you can do so until the card expires or you have to make changes to it.

  9. Peter says:

    Hi Will, is there somewhere I can go to learn about how quality control checks are put in place? I want to be sure my future decisions are well informed. Thank you.

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