We’re finished making our policy decisions regarding the final medical marijuana rules, and our rules team will be spending Friday and probably part of the weekend crossing the T’s and dotting the I’s on the final medical marijuana rules. We’ll be releasing them on our website first-thing on Monday morning. We’ll also be having a media conference at some point later that day. We’ve developed a long set of Frequently Asked Questions to help prospective qualified patients, caregivers, dispensary applicants and physicians understand the final set of rules. While the final rules will be posted on Monday, the actual law takes effect at the start of the business day on April 14. We expect to be ready to go on the 14th.
We believe the final rule package accomplishes most of our objectives which include:
- ensuring convenient access for folks with debilitating medical conditions identified in the Initiative;
- ensuring access to the medication in rural Arizona;
- clear expectations regarding criteria for medical marijuana certifications;
- a way to ensure physicians write certifications for medical use;
- a fair, effective, and orderly way to award dispensary licenses this year and in future years;
- clear medical, administrative, inventory, and security expectations for dispensary operation;
- reasonable compliance and enforcement provisions;
- a clear method for adding debilitating medical conditions over time;
- efficient administrative oversight designed to minimize cost; and
- reasonable fees that will cover the costs of implementing the program.
Over the last few months we have carefully examined medical marijuana programs in other states, reviewed more than 3,000 comments from the public on our 2 draft rule packages, and used the full range of expertise and creativity among our staff to develop what we believe is a responsible set of regulations that will ensure the near-term and future success of the program. Thanks for all the hard everybody!
Thanks for posting this information Mr. Humble but you absolutely seemed fixated on making life difficult for the doctors that are going to be writing the certifications as evidenced by #4 on your list.
4.a way to identify physicians that act unprofessionally and write certifications for recreational use
The AMMA which was passed by a majority of our citizens is now the state law and your job as tasked was to put rules into place. Where is it written in the AMMA that ADHS has control over physicians who are licensed by the AMA and are professional and have taken the Hippocratic oath to “do no harm” and help their patients? Why can’t you just let the program run and after a year when all the data comes in you reassess how your rules worked by looking at the statistical breakdown of the patients. You are operating under the most negative assumption about patients really wanting Medical MJ for “recreational purposes” which if was true, why would these folks put out at great expense (the cost of a doctor’s recommendation and a card) to buy overpriced medication from the dispensaries when they go buy from the “street” for 1/2 the price the exact same product. Marijuana is marijuana under a DNA microscope and there is no such thing as “medical grade” marijuana despite what people that are writing the rules.
You are very uneducated about the history of cannabis and it’s uses and it shows by your fears and unreasonable rules when it comes to the doctor-patient relationship which is sacred and a government bureaucrat should not be interfering and questioning why a doctor recommends any medicine to their patient. Are you this zealous in looking at every single Oxycontin prescription to see if the patient really just wants the opiate medication for the “recreational” effects?
I do appreciate your timeliness on getting the program up and running but please stop with your Reefer Madness attitude toward’s cannabis because it’s unfortunately it’s classified erroneously in the CSA Schedules where it doesn’t belong.
I reserve my congrats to everyone, once we find out what these rules say Monday. If I like em….. thanks for all the hard work!!! If I DON’T like em then WHY DID YOU WASTE 120days???? lol…
The Big Question –
Did Mr. Will Humble….Bumble again? We will see….
Let’s hope that you follow the spirit of the law that passed….helping poor patients in need….little bureaucracy….and lots of compassion
So the proposition 203 site still lists
May 1, 2011: ADHS begins to accept applications for dispensary registration certificates
However I’m hearing in Tempe that applications are already being accepted? At least that is what the news is reporting.
Is there something underhanded going on?
I think you may be referring to folks that are applying to the city for a special or conditional use permit. These are city zoning approval requests rather than ADHS dispensary applications. In terms of timing- the final rules that we publish on Monday will more specifically define the time frame for applying for dispensary licenses from the ADHS… but the date we begin accepting applications for dispensaries will be different than the date we had in the previous draft.
With all due respect Mr. Humble shouldn’t you have had the dispensary applications in already for the patients to be able to get the meds because the way you have it set up now. All patients are gonna be able to grow their own because there will be no dispensary’s when they get their cards. and what is between my doctor and me is confidential so BUTT OUT.
Regarding (name removed by editor) post with the question asking about “underhandedness”, obviously this shows (name removed by editor) lack in research and time spent investigating the entire process of applying for an application to open a dispensary. As a business owner applying for a dispensary license and one who takes this entire process very serious, (name removed by editor) post is indicative of the many potential applicants who don’t take this process seriously and don’t understand the seriousness and responsibility attached to opening and running a dispensary and/or cultivation location. I’ve discussed with too many “want-to-be” applicants that don’t do the necessary research before making post similar to the one above. Had (name removed by editor) done just the bare minimum of research he would know that the city of Tempe accepted applications for by right use permit registration for the city to open a dispensary in Tempe, not the issuance of a license issued by DHS. The same process was done for the city of Mesa on March 10th. Mr. Humble, this post is exactly why a scoring system needs to be in place when determining who will receive dispensary licenses. Too many non-business savvy individuals are interested in opening “pot shops” similar to what we’ve seen in California and haven’t even done enough research to know the difference between a by-right use permit application for a specific city and the actual dispensary license being issued by the state.
I hope this email isn’t too late and that a scoring system is implemented in order to provide the highest quality standard in regards to the distribution of dispensary licenses. If a lottery system is what determines who gets the state issued licenses for each zone, then we do the state of Arizona a disservice and leave the quality of the dispensaries up to chance.
I know I should of asked this during the draft process but is there a legal way to obtain marijuana seeds or plants if someones application is chosen to be a caregiver or to run a dispensary or would they be obtained thru the black market? Thank You
That is a good question and I have wondered that myself. How are people going to obtain the seeds to grow their twelve plants that they get to grow until a dispensary is open. These twelve plants will produce a lot of seeds (usually) and other plants will just pop up. How are you going to know who is growing plants legally? Are you going to supply the seeds or do they get them througth illegal means?
It is up to the dispensaries/and qualified patients that cultivate their own supply, to obtain the initial seeds. All dispensaries and cultivation sites will be tracked through ADHS.
In regard to All city zoning approval requests, please clarify. A specific City zoning approval along with the ADHS approval is required. This could also result in more approval time/red-tape, including MORE costs to get a city & police dept approval, not to mention All the city’s rules you need to comply with also. Yet, for example, in Scottsdale you have requests that people submitted in early Feb, that will not get Final city council approval until end of April/May. These are people that already jumped on the band wagon, before the final draft. It looks like it is taking on average, 3 months to go through all the red tape and get city approved. The city council only meets ONCE a month. So, it looks like if a new applicant submits their application say in April/May, then they wouldn’t get city approval until JULY/AUG? Mr. Humble, Please also take this into consideration on this time frame, while trying to get your city’s approval, AND try to get ADHS approval in the 30 day time frame, once the state is opening/accepting dispensary applications. I hope a city’s approval does not delay the process of obtaining a dispensary license?? I thought all of AZ’s cities would be working hand in hand with the state’s requirements? It appears that a lot of redundancy is going on, and the applicants, i.e the Doctors and lawyers, with the Most money and paid professionals behind them, will benefit first & get first dibs.
Overall, with each city’s approval red tape, actually getting PRODUCT, which could take another 3+ months, it seems that a dispensary wouldn’t really be in business until 4-6 months after, (if you’re lucky), obtaining your dispensary license? It appears a Lot of money is already being made, from city costs, and 5K+ application fees, etc, even before a dispensary gets approved.
Please refer to today’s blog post on zoning
PLEASE SPECIFY WHO RECEIVES A REDUCED RATE FOR THE MEDICAL CANNABIS CARD.
If you are currently with the Department of Agriculture’s Supplimenatl Nutrition Assistance Program, the price of the card is reduced to $75.00.
One on my close family members lives in an outlining area and has cancer. Can you specify if the caregiver site is “at the crow flies at 25 miles” or via accessible roadway. This would be helpful in determining if her limited funds would be based on establishing a caregiver in the area or receiving medicine from out of state.
Thanks again for all your hard work.
When you file an application, the department will check your address and give you a listing of all dispensaries in your area within 25 miles. If there aren’t any, you will know. 25 miles “as the crow flies.”
I appreciate the effort to take in public comment on these laws. I also watched the state house and senate hearings as they were deciding upon rules and regulations. While sometimes a odd subject to tackle, they did so with professionalism even if it at times from a position of ignorance. Most of them were open-minded and I saw reasoned debate.
I just hope at the end of it all, that I will no longer be a criminal for using MM and that I have the ability to afford it in a legal, safe and affordable manner.
There are people online selling Special Use Permits that they have already attained in various citites. Upwards of $15k. This is where you have messed up bigtime.
Approve the Dispensary applicants THEN let them go find appropriate space to open up show. The way you have made them go find space before even applying is exactly the wrong thing to have done. This is causing a new market for the shady realtors who are wanting to make a quick buck and have access to the very few locations that are available.
3 cities we tried to find locations, all had no locations left due to the city already issueing 2-3 permits and they won’t issue anymore. The holders of those permits are willing to sell them for financial gain.
THIS IS WRONG MR. HUMBLE.
Think about this. Please. Your’e setting it up where only the sheisters and crooks are going to get licenced.
Applicants do not need to submit a certificate of occupancy for the initial application.
We are looking forward to reviewing your plan in comparison to other state’s programs. We understand the difficulties associated with such a huge undertaking and the pressure to get it right the first time.
“Slippery when wet” as well as “Bumpy roads Ahead”
I’m interested in the “final” rules since the last 2 drafts were focused on dispensaries, I’m not
“obsessed” with that part of it, I concerned in the patient’s rules i’m disabled and in a stupid amount of pain 24/7, some days I don’t make it out of bed, i’m on all the awful narcotic painkillers that don’t really work, and i really just wanna know how much hassle i will have to go thru to use this harmless herb that is looking like it can cure some forms of cancer(check recent news & studies being done by the cancer society) so unlike alot of people i don’t have a ton of resources and “fight” in me for this, simply put i’m sick & broke and desperately in need of simple effective relief
This MESS that Mr. Humble and his partners in crime… the rest of the bunch, HAVE made this law terribly complicated for myself and maybe others because of even ‘how’ they packaged the law in a pdf format. I think that is crap! Bob L Liles
We’re sorry you’re dissapointed. We have done the best we can given the resources that we have.
I left a message yesterday regarding the last line of the blog post, which reads:
Thanks for all the hard everybody!
I believe the intended phrase was “Thanks for all the hard WORK everybody!”
My comment was not posted, and the blog was not corrected. I just want to be sure my intention was understood as one of respect and not harassment, as some of the entries appear to be rather hostile.
Yes, that is correct! And thank you very much for the kind words!
I am finding it (really) impossible to find a reputable qualifying Doctor that would be willing to prescribe medical marijuana for a child under 18 even though he has three of the qualifying medical conditions. I believe my son could greatly benefit from the use of this amazing, natural, non synthetic, safe plant of cannabis which can offer relief from several conditions at once with few or no side effects.
The people support it (by vote), the scientific study’s, research compilation and medical journals support its clear benefits, yet there still seems to be a tone of criminalization underlying the states “concession” to give the people what they voted for.
This type of attitude rolls down from the top and therefore a change in attitude must come from the top, from people like you and other state medical leaders.
Drug users will buy weed whether its legal or not. Therefore by having an attitude of presumption that the vast majority of folks who seek out medical marijuana don’t really need it hurts, and ONLY hurts, those citizens who truly need and would benefit from what this safe and legal option would afford them.
Law abiding citizens who suffer from these approved conditions would really like to be able to (and should be able to) go to their regular neighborhood primary care physician in order to obtain a card/prescription.
However, if the most caring, compassionate and respected physicians feel professionally threatened by this ongoing, ignorant stigma of the “evils” of marijuana and those who would judge them for their “outside of the establishment” practice in treating these hurting people, then who exactly did we the people pass this law for anyway?
Who would better know if someone was lying about some random, sudden “chronic” pain or condition or if one was truly in need of relief; a persons long term physician, or a doc-in-the-box that they would see once a year?
Please send the message that all of us need to stop stigmatizing law abiding patients and the medical professionals who would like to help them.
Lets support and encourage our doctors to feel it is ok to consider and possibly prescribe medical marijuana, for the sake of the hurting people for whom this law was intended.
Mrs. Taylor, a law abiding, church involved, teacher, previous prison case manager, Level II CAC Certified Addictions Counselor, multi-degreed mother of two, outspoken voice for many.
And my original question: Where can loving parents find a respected doctor who is willing to consider MMJ for our kids who are suffering?
Thank you so much.
Please check all MD’s, DO’s, Osteopaths and Homeopathic Doctors…also check the back of the new times..as we do not have a list of physicians.
I have a 2-part question:
a) how does the requirement for a single entrance at a dispensary comport with most municipal fire codes which require an additional emergency exit; and
b) if there is a grow at the same site as a dispensary, can the grow have it’s own door in addition to the one used by patients at the dispensary?
Please contact your local jurisdiciton..
I feel it is unfortunate that you are getting so much negative feedback. There are probably going to be problems occur with your initial plan and probably the ones after because this is new territory and some guidelines have to be set. There are still people that voted against legalizing M.M. and this entire issue is a very sensitive one. Someone stated that you don’t know what your doing and you don’t know this and don’t know that but I figure of course you don’t. Chances are you never have experienced marijauna so how could you know what it is like and what effect it has on people. Just from hearing various people comment, (and not just from this blog either) there are a lot of people who are going to try to get MM and are suddenly coming down with chronic pain conditions. I know I am going to hear all kinds of stuff from everyone about this but twelve plants is a lot and I feel it would’ve been better to just wait until the dispensaries are up and running. This way is opening a lot of potential abuse to the new medical right. This is supposed to be for people who are truly ill and this is the best and most healthy way to treat their condition medically. I do live with chronic pain and am under a pain managment doctor and have been for years. I have thought about whether or not I should continue to take the narcotic I am prescribed now or pursue MM. I have had past experience with pot and I have decided for now I would rather not feel the high from pot unless there is just no other way. What I take now doesn’t affect me in a manner that leaves me incapable of feeling normal. I can always tell when a person is high on pot. I have been clean now for well over twenty years and I tried almost everything so I know I am speaking with experience and wisdon. I think that you have done a good job thus far and thank you for putting so much effort on a project that I have this feeling that you aren’t really in approval of. That took a lot on your part and I think that is really great of you.
WHERE CAN I BUY MARIJUANA SEEDS SO I CAN GROW MY PLANTS, I HAVE THE MARIJUANA CARD
This is not our jurisdiction therefore I do not have an answer for you.
why do you have to have a card to get for marijuana and not a card to get morphine ?
I’m leaving Az for Pa in April for a 2 week vacation can i take my MMJ with me cause Pa does not have a MMJ Program.
You will have to contact the authorities in PA, or obtain legal advice.
Mr Humble i just went on your website and read the information that you have provided to doctors who want to consider writing certifications to qualify their patients for MMJ. It is no wonder my doctor won’t participate in the program. The information was obviously written by someone who disapproves of MM. It has avery negative slant . Below is a direct copy from the paper stating the Physcians role in instituting the MMJ program.
IOM Statement on Medical Marijuana Use
“But this step should be seen for what it is—a last resort. Clinical evidence shows that existing treatments for pain, nausea, and malnutrition outperform marijuana in the vast majority of patients. To substitute marijuana for a more effective drug is to practice bad medicine.”
This is not based on current reseach and scientific information performed by hightly qualified medical researchers. What doctor would not instinctivly react in a negative manner to this. I find this a manipulative statement. It has no place in a publication meant to inform doctors of a program in which they are mean’t to make up their minds based on the facts and rules of the program and not some one else’s opinion. And because of your position in the government and influence they will be intimidated and believe that this is the accepted rationale of the medical community.
I am asking that this statement be removed from that publication in order to leave the reader room to form their own opinions on what treatment would be best for their patients based on the patients best good and not worry about the opinions of those who might or might not “approve”. THIS IS ABOUT GIVING THE PATIENTS THE MOST EFFECTIVE AND SIDE EFFECT FREE TREATMENNT POSSIBLE IN CONJUNCTION WITH THE OTHER TREATMENTS AVAILABLE TO THEM THRU THEIR OWN DOCTORS. As it now stands we are forced to go to doctors who do not know us and who charge exorbitant fees to do little more that give a cursory exam, read our files and sign or don’t sign off on the certificate. If my doctor would do the exam and sign the certificate it ould cost me only the cost of card alone. You have crated a system that only encourages abuse by those taking advantage of the fear of more expeirenced doctors.
I would also like to see more recent and accurate information provided to the doctors in this document.Preferably links to reaearch that is being done here and in other countries in order help them to see the benefits this plant is giving people. As it is you have provided them links to the DEA’s position on marijuana snd other publications that are slanted towards the negative aspect and use only the limited research done in the state which is basically nil unless ok’d by the government. which currently allows no useful research to be done. This document just looks like a hidden threat clothed in psuedo-facts and opinionated information. Not even encourageing them to reaearch for themselves and look at what is being done now. Witness the turnabout of Dr. Sanjay Gupta when he actually got to see the results of this plant on true human beings and the research that is current. He belived the hype he was being fed by the heirarchy and realised it was all propagand and now is a major supporter of MM.
Thank you for your time.