Where would the inventory come from if Proposition 203 (the Arizona Medical Marijuana Act) passes? As near as I can tell… it could come from at least 3 places:
- enclosed cultivation facilities associated with dispensaries;
- enclosed cultivation facilities operated by caregivers on behalf of cardholders, if the people they care for live 25 miles from the nearest dispensary; or
- in enclosed locations at cardholders houses if they live more than 25 miles from the nearest dispensary.
I think the intent is for all the inventory to come from these 3 places and not the “street”, but the Initiative doesn’t explicitly say that it can’t come from outside sources (e.g. the “street”). We’d definitely need to nail that part down in our Rule if this passes and if we have the authority.
Dispensaries that apply for and receive a license from the ADHS would be authorized to cultivate marijuana plants in …“an enclosed locked facility at a physical address provided to the department during the registration process”. Only registered dispensary agents would be allowed access. The grow rooms could be a closet, room or greenhouse that have locks or other security that we approve. Interestingly, enclosed may not necessarily mean “indoors”, it could just be inaccessible (possibly 4 tall walls exposed to the sky).
Cardholders that live more than about 25 miles from the nearest dispensary would be able to grow at an enclosed location at their own house if they have the right kind of security, however they’d only be able to grow 12 Cannabis plants at any given time. Caregivers could also grow at their house or another closed locked facility if the people that they care for live more than 25 miles from the nearest dispensary. Since caregivers are limited to 5 patients, they are presumably limited to growing 60 plants at any given time, although I can’t find that limit explicitly stated in the Initiative. I think caregivers might actually be able to grow 72 plants at a time indoors if they’re a cardholder themselves and also care for 5 other people.
P.S. Some of the information above might be influenced by local zoning restrictions that could come later.
Mr Humble, one question I can’t seem to get answered is:
Once the necessary card/licenses have been obtained where does one get the initial seed/clone/plant to start growing? Regardless if your a patient or dispensary owner, we have to start somewhere and I believe it’s illegal to bring it across a state border, and of course you can’t just find seeds or plants along the side of the road…
What are your thoughts on this?
Thank You!! Your blogs have been very informative!
I wondered this as I read the Initiative as well. The Initiative doesn’t address this “chicken or the egg” question. I presume that most initial plants/seeds would be coming from vendors (hydroponics etc.) that somehow have inventory.
I have recently taken an interest in the up and coming vote on Proposition 203 in your beautiful state. I must say that having this open dialog with you is a great way to keep the people informed. I was wondering how, since it will take until about April 2011 to get the laws and paperwork in order, will dispensaries that are approved be able to open their doors with legally grown medicine? My understanding is that it will take an average of at least 3-4 months to produce usuable marijuana. does that mean, once excepted, the dispensaries will have to wait another 3-4 months to begin operation?
Good point. There may indeed be a lag time. In the Initiative language the cultivation facilities are tied to the despensaries. Since dispensaries wouldn’t be getting licensed until at least April of 2011-it stands to reason that they wouldn’t be able to set up their cultivation until that time as well. There are still a lot of outstanding questions as you can see.
I really appreciate this blog. Thanks to the others who posted questions for I had similar questions.
One comment/question I have has to do with dispensaries being required to supply their own marijuana inventory. It appears they have the option but doesn’t really lock down if they have to. I see where it says a dispensary can get inventory from a grower but zero compensation can be made. I am not sure someone would just give inventory away so I would think the dispensaries are stuck growing their own but I wasn’t sure.
I mention this because I would think the best scenario would be to let dispensaries focus on the patients if they are granted a license. On the other shoe, let the growers focus on that aspect. Of course some operations would be able to successfully handle both sides of the operation but I am not so sure if would work for everyone. I read somewhere that the Department of Agriculture would probably become licensed and effectively learn to cultivate the best product. If that was the case, as a dispensary owner, I would want to get product from the department if possible. Would that be an option in your opinion? And would the government give out supply to non-profit dispensaries at zero compensation?
Info feedback would be much appreciated.
I have made mention of the issue of the first plant many times. I was thinking of being a dispensary in New Mexico and asked NMDOH the exact question. Their response was it was not addressed in the compassionate act.
There is no way for this to get started with out a law being broken for the first plant. This is why this is a band aid approach and just needs to be legal.
It is also sad that there are no delivery like NM does as that would keep it out of the public eyes and not inflame the Feds.
Has the Dept set the price for the license if it passes? The law states up to $5K which I assume means $5K.
We haven’t done an analysis on the fees yet- but the most likely fee would be $5K- as this fee is unlikely to even come close to covering our dispensary licensing start-up costs.
Thank you for your insightful and objective postings. I hope to be amongst the few who are allowed to pioneer Arizona’s new medical marijuana frontier. I am not an investor. I do not come from money, or have a background in the distribution or cultivation of cannabis. I am a simple Arizonan who would find joy in providing care to those who need it in a clean, healthy environment. I do no wish to glorify pot culture, nor encourage recreational use. It is in this manner that I believe myself to be the prime example of what our conservative state to want in its distributors. However, without big business on my side, and more so, the rabid opposition of local/federal agencies, I fear my meager upstart has little chance. What can my coalition do to garner the support of the ADHS as a locally owned and operated caregiver?
The best thing would be to become involved via written comments during the comment period as we develop the administrative code (if 203 passes). We’ll also have opportunities to participate in public meetings.
Thank you so much for your speedy reply. I was also wondering if it is in the better interest of prospective dispensaries to have their dispensary and grow spaces established and ready to go before the time of application. This is wonderful!! I think all states should adopt this form of communication!
Thanks for all of the information here. How do you anticipate the certificates for a dispensary will be awarded? First come, first serve? Lottery? Case by case review of the nonprofit and their resources/capabilities? It seems, with only 120 dispensaries available, these certificates will be at a premium.
Much gratitude for this blog…. Regarding the approval process of dispensary application, is it necessary to be o c c u p y i n g a commercial or industrial space for the application to be more favorable or is it possible to have a location selected, of course with proper zoning, building plans along with sworn stmnt? Are we planning correctly to have a retail location(commercial or industiral) and an off-site cultivation facility with 99 or fewer plants N O T together-as-one location? What type of zoning is your best recommendation (commercial or industrial)? Again, much gratitude and appreciation for this forum… Cynthia
I guess my biggest question is the federal laws that will be broken to make supply and demand work here. If you have 120 dispenseries and 60,000 patients consuming 5 ounces a month and by the federal 99 plant minimum sentencing guiidlines established 1984 of 2 to 3 years in prison so 120 dispenseries oir local doing just the 99 plantsper LOCAL and 2 location per licensewhich is like it seems we will or should be able to use venders from out of state to keep up with supply and demand. Cause that would be on a perpetual harvest setup include veg and flowqeringeach like35, 40 flowered plants pulled monthlyat 2. 3 ounes per plant per local so thats not keep up venders will be necessery
I see several questions asking about how the Department will approach approving dispensary registrations, but no replies. So we don’t all keep asking and wondering – do you intend to post information on how you will make decisions, here in this public forum, so we can get an idea what the rules would/might look like if this passes?
Do you have a date that you expect to issue a first draft of the rules and open the comment period for issuing dispensary registrations?
Placing dispensaries in quantities according to population density is probably the first order of business. With some attempt to make them as convenient as possible for patients within the guidelines of different cities and towns restrictions (hoping and assuming most will have some like Mesa is working on). Addressing the requirement of at least one in every County should be easy enough.
Each dispensary will essentially block out a 50 mile diameter (25 mile radius) circle. Since the dispensaries can be inspected and will be much more regulated than “home grows” perhaps spreading them out with the idea of providing as much coverage as possible, might help keep things from getting out of control?
That might mean a few smaller communities get them, but 120 should be more than enough to cover 95% of the States population. I do believe in medical marijuana and don’t really have a dog in the fight for recreational use; I don’t drink alcohol or smoke tobacco, so I’m not a hypocrite either.
My motives are also not capitalistic, I just don’t see the need for thousands of people to be growing 12-72 plants willy nilly! Caregivers can have 5 patients and be a patient themselves(at 12 plants per)! I have recently attended Oaksterdam University and for example with 72 plants I could produce 200 lbs of very high quality marijuana in a single year.
That would not be the results the average grower would produce! However it is possible, and that is a lot more than even the 2.5 ounces every 2 weeks for those 6 individuals! That could obviously amount to many pounds of Marijuana that quite frankly without the regulation like the dispensaries; is much more likely to end up not providing taxes to our State and just being used recreationally!
as other are asking, are we wasting are time waiting to apply for a dispensary, when i see many doctors in scottsdale and surrounding area’s are advertising they need workers and growers for their 3 dispensary that they already say they have and going to open in summer 2011. do they already have their applications in, like ryan asked how would you distiquish who will have a dispensary? i have taken classes on cultivating and would think that growing and selling should be two seperate things. also will there be delivery allowed to patients outside the 25 mile radius that are to old or can’t grow it or can’t drive. i feel 1st part of questions of dispensary, people gearing up to be let DOWN. thank you.
No one has a dispensary at this time…at all!! Nothing is avaialble, the rules aren’t even finalized yet.
There no dispensaries right now,so do we grow our oun and is that 12 plants. this is not clear when theres no place to get it except on the street and thats not the same . so can you reply to this please.
A qualified patient or caregiver may cultivate marijuana, but they must request to do so when they apply for a card..Once dispensaries open, you will not be able to grow unless you do not have a dispensary within 25 miles of where you live.
i just want to know home do you get a commercial growers license? is there and application that you can fill out?
There is no such thing as a commerical growers license, and we are currently not accepting dispensary applications at this time.
can anyone tell me – is it 12 plants in any stage, or is it 12 budding plants and you can have others that are young? I can’t find it anywhere in the regulations.
The act states 12 plants.
please define plants – does the act not elaborate at all?
I know that the dispensaries are up in the air at this point, but when that is resolved, is Arivaca still going to be a dispensary site? I heard that the people here let you know they didn’t want that, but I don’t know anything further. thanks
I don’t have any further information for you at this time.
Please check our website frequently for updates.
Here in BC Canada we have dispensaries and you can grow your own pot in the house. there has been a lot of problems with people growing and selling their crops, even the dispensaries have been caught selling to people that do not carry the required card. so I have mixed feeling about it all.
I am a card holder able to cultivate. My question is if my 12 plants produce 4 pounds of medicine. How do I legally store that 4 pounds of medicine that I produced from my 12 medical marijuana plants? Or should I say I am I legally able to have the 4 pounds of medicine that my 12 medical marijuana plants produce?
Please visit the rules page for definitions.
Caregivers could also grow at their house or another closed locked facility if the people that they care for live more than 25 miles from the nearest dispensary.