Medical Marijuana Begins in About 2 Weeks

We’ve published our final Rules for managing the upcoming Medical Marijuana Program in Arizona. We released the final rules and a series of fact sheets on our website first-thing this morning. The fact sheets are designed to help prospective qualified patients, designated caregivers, dispensary applicants and physicians understand the final set of rules (including dispensary application procedures). We’ll be updating our website on April 14th, including the electronic application so qualified patients can begin applying for medical marijuana cards.

By azdhs-admin|2011-03-28T08:07:42-07:00March 28th, 2011|General|46 Comments

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46 Comments

Greg Ooley March 28, 2011 at 12:05 pm

Wow- It appears that Designated Caregivers will not be able to sell surplus medicine to dispensaries. Is that the case?

If so, it sure looks like an invitation from the DHS for people to sell their excess on the black market, which I doubt is their intention or their wish.
- Will Humble March 28, 2011 at 3:30 pm
  
  Greg-
  Caregivers will be able to sell.
  - Sim April 7, 2011 at 1:29 pm
    
    Mr. Humble,
    
    The law states that people cannot sell it. How do you propose for care givers to do so without breaking the law?
    - Will Humble April 12, 2011 at 2:42 pm
      
      Sim,
      This is a statutory language question, not a rules question. I can’t answer that.
Robert Rios March 28, 2011 at 1:34 pm

I am wondering about the legality of obtaining seeds. I know they can be ordered through the mail but how does this pertain to Federal mail laws?
Kal El March 28, 2011 at 4:58 pm

Will seeds be able to be sold through dispensaries?

How would a business that needs to go into many dispensaries get a dispensary agent card?

Thanks for any help.
- Will Humble March 29, 2011 at 3:14 pm
  
  Kal El,
  Please refer to the FAQ’s
Michelle March 29, 2011 at 7:33 am

I’m puzzled by your response in Comment #1 in which you state. “Caregivers will be able to sell.”

Sell what and to whom? I’ve read the Arizona Medical Marijuana Act backwards and forwards as well as your Final Rules and I’ve never seen where a caregiver is allowed to sell “usable” medical marijuana to the dispensaries let alone another caregiver or patient.

You need to elaborate on what a Caregiver can sell and it’s my understanding that “unusable” marijuana (seeds, trim, cuttings and male plants) would be eligible to be sold to dispensaries, patients and caregivers.

I really combed through the Final Rules yesterday and what is lacking is a glossary of the relevant terms that people need clarification on or else you are going to be bombarded with tons of comments and questions to define these items. Here is a list of terms that need clear definitions whether taking from the Arizona Medical Marijuana Act or the rules.

Please put these into a glossary and have available at your Medical Marijuana hub.

Medical Marijuana

Usable Medical Marijuana

Unusable Medical Marijuana

Cutting

Qualified Visiting Patient

Designated Caregiver

Qualifying Patient

Attestation

Diversion

Non-Profit Medical Marijuana Dispensary

Medical Director

Camera Surveillance

Camera Security

Disposal of Unusable Marijuana

Cannabinoids

Hemp

Cannabis

Dispensary Agent

Clinical Trial

Medical Marijuana Fund

I’ll be glad to review your glossary and make sure it covers all the topics but this is clearly lacking in your Fact sheets which are a nice start but not comprehensive enough for this very complicated program you put together.

Thank you!
- Will Humble March 30, 2011 at 8:30 am
  
  Michelle-
  36-2801(5) “DESIGNATED CAREGIVER” MEANS A PERSON WHO:
  (a) IS AT LEAST TWENTY-ONE YEARS OF AGE.
  (b) HAS AGREED TO ASSIST WITH A PATIENT’S MEDICAL USE OF MARIJUANA.
  (c) HAS NOT BEEN CONVICTED OF AN EXCLUDED FELONY OFFENSE.
  (d) ASSISTS NO MORE THAN FIVE QUALIFYING PATIENTS WITH THE MEDICAL USE OF MARIJUANA.
  (e) MAY RECEIVE REIMBURSEMENT FOR ACTUAL COSTS INCURRED IN ASSISTING A REGISTERED QUALIFYING PATIENT’S MEDICAL USE OF MARIJUANA IF THE REGISTERED DESIGNATED CAREGIVER IS CONNECTED TO THE REGISTERED QUALIFYING PATIENT THROUGH THE DEPARTMENT’S REGISTRATION PROCESS. THE DESIGNATED CAREGIVER MAY NOT BE PAID ANY FEE OR COMPENSATION FOR HIS SERVICE AS A CAREGIVER. PAYMENT FOR COSTS UNDER THIS SUBDIVISION SHALL NOT CONSTITUTE AN OFFENSE UNDER TITLE 13, CHAPTER 34 OR UNDER TITLE 36, CHAPTER 27, ARTICLE 4.
  - Bev Coleman June 4, 2012 at 6:28 pm
    
    My caregiver is charging me $200.00 an ounce. I understand he can only charge me for the cost of growing and taking care of my 12 plants. Not per ounce!! Right??
    - Will Humble June 5, 2012 at 10:42 am
      
      Bev,
      Please see 36-2801.
      Thanks
Anthony F. March 29, 2011 at 5:29 pm

I have a question that does not seem to be addressed anywhere. My question is in regards to the patient’s request “authorization for cultivation”. According to the final rules R9-17-203 which states:

Whether the qualifying patient is requesting authorization for cultivating marijuana plants for the qualifying patient’s medical use because the qualifying patient believes that the qualifying patient resides at least 25 miles from the nearest operating dispensary;

But I can not find anywhere on the “MEDICAL MARIJUANA PHYSICIAN CERTIFICATION” form or any other form to make this request. It’s clear by the wording of the rules that the patient must request authorization for cultivating marijuana plants, but you provide no means of doing so. I understand all those applying before there is a dispensary will be allowed to cultivate, but there is NO provision for this either. And when there are dispensaries you still provide no means to make this request. So my question is, how to be honor these rules and make a request for cultivation?
- Will Humble March 31, 2011 at 9:27 am
  
  Anthony,
  This will be on the rules application April 14, 2011.
Kal El March 30, 2011 at 9:13 am

Thanks Will.
I know you must be super busy right now.

I read the rules, I read the FAQs.
I am still at a loss on the dispensary agent card.
If I start say an auditing business and I need access to 5 different dispensaries, how can I get a card if I am not an employee or a volunteer? Would I only need 1 dispensary agent card for any dispensaries that became my customers?
Thanks again.
- Will Humble March 31, 2011 at 9:19 am
  
  Kal El-
  36-2801 defines who an agent is.
Greg Ooley March 31, 2011 at 8:27 am

Will,

To expand on the question posed by “Kal El” above… will a person conducting business on dispensary property always be required to be a Dispensary Agent and pay the $500 registration fee for that?

For instance, I am an HVAC repairman and I am called into a dispensary to repair the ventilation system in a dispensary grow facility. Do I need to be an official Dispensary Agent?

If so, am I required to pay $500? Do I need a separate Dispensary Agent card for every dispensary I am called to?

What about trimmers? Crews of 1-2 dozen people will be required at larger dispensaries at certain times. Can a dispensary hire an independent contractor to bring their trimming crew in, or must the dispensary have 1-2 dozen employees on their payroll and pay $500 for each of their Agent registrations?

Plumbers, electricians, painters, etc. will all be conducting business on dispensary property, as they do with all other businesses. Will they all need to be Dispensary Agents, registered with ADHS?

Thanks in advance-
- Will Humble April 4, 2011 at 10:44 am
  
  Greg-
  If a person is providing services to the nonprofit medical marijuana dispensary such as plumbers, painters, etc… the answer is “no,” unless the person meets the definition of an Agent, as further exlpained below:
  
  36-2801 (10) “Nonprofit medical marijuana dispensary agent” means a principal officer, board member, employee or volunteer of a nonprofit medical marijuana dispensary who is at least twenty-one years of age and has not been convicted of an excluded felony offense.
  
  R9-17-318(A) requires that “except as provided in R9-17-310(A)(7), a dispensary shall ensure that access to the enclosed, locked facility where marijuana is cultivated to limited to dispensary’s principal officers, board members, and authorized dispensary agents.”
  
  R9-17-310(A)(7) requires that a dispensary “ensure that a dispensary agent accompanies any individual other than another dispensary agent associated with the dispensary when the individual is present in the enclosed, locked facility where marijuana is cultivated by the dispensary.”
  
  R9-17-318(G)(2) requires a dispensary to have “policies and procedures that restrict access to the area of the dispensary that contain marijuana and if applicable, the dispensary’s cultivation site to authorized individuals only.”
  - Greg April 4, 2011 at 12:21 pm
    
    Thank you, Will, and my apologies for missing that portion of the rules.
Kathy April 3, 2011 at 7:43 pm

I printed out 2 forms for physician certifications, are both necessary or is one form an updated version ? Also, I know there is a fee for the card, if my request for approval is granted how do I pay for it ? What address do I submit my forms to ? If I am granted a card, how do I start growing my plants until the dispensaries are open ? Thank you .
- Will Humble April 5, 2011 at 1:21 pm
  
  Kathy,
  Thanks for pointing this out..we are currently working on updating the forms so that they are more user friendly..one is for minor’s and the other one is for adults.
Grower April 13, 2011 at 7:59 pm

From the faq

“Can a qualifying patient or designated caregiver authorized to grow medical marijuana use the same enclosed, locked facility used by another qualifying patient or designated caregiver also authorized to grow medical marijuana?”

The ‘answer’

“However, state law limits the number of plants that may be grown and includes the requirement that cultivationi be done in “an enclosed, locked facility.”

A yes or no would be great, thanks.
Grower April 13, 2011 at 8:03 pm

Also if yes, can plant numbers be combined? Ie can 2 caregivers with 4 patients each share a single 96 plant grow facility?

Thanks
- Will Humble April 27, 2011 at 8:46 am
  
  Grower,
  Check with local law enforcement on both questions.
  Thank you!
trevor durham April 16, 2011 at 2:45 pm

how old does a person have to be to own and operate a medical dispensary that is not growing it on the property or wny where else?
Thanks
- Will Humble April 18, 2011 at 3:53 pm
  
  Only an individual who is at least 21 years of age and has been a resident of Arizona for at least three consecutive years before the date of application may be a principal officer or board member on an application for a dispensary registration certificate. In addition, each principal officer and board member must also pass a criminal records check for an excluded felony offense. There are other conditions that may affect the ability to obtain a dispensary registration certificate.
  It doesn’t matter if the dispensary cultivates marijuana or not.
- Will Humble April 18, 2011 at 3:57 pm
  
  All dispensary owners must be 21 by law.
- Will Humble April 21, 2011 at 4:54 pm
  
  The law says a dispensary owner must be at least 21.
Kathy April 21, 2011 at 11:00 am

I just received my temporary id card and it expires 6/01/2011 . Is there a reason why it expires so soon and why I have to pay another fee to renew it ? Is the program going to require renewing it about every 6 weeks ? Could this date on my card be a mistake ?
- Will Humble April 21, 2011 at 3:52 pm
  
  The temporary cards will be replaced at no cost by the department before the expiration date.
Kathy April 21, 2011 at 11:05 am

Also I forgot to ask where can I can get the med marijuana until the dispenseries officially open .
- Will Humble April 21, 2011 at 3:49 pm
  
  You can get medical marijuana from other cardholders – patients or caregivers.
faith May 4, 2011 at 11:11 am

IF someone was a convicted felon…then brought to a misdeamor can they still cultivate?
- Will Humble May 9, 2011 at 8:25 am
  
  Faith,
  The Act doesn’t ask about felonies/misdemeanor’s for patients.
faith May 4, 2011 at 11:17 am

a five year old states “I was helping daddy water the marajuana plants”. one week after patient receives medical card to cultivate. This is a felony and prison time and most likely the first case in Arizona that CPS has had to deal with. Now the 5yr. old says they were tomatoe plants…..after being with his dad over the weekend. A five yr. old is helping cultivate marajuana plants…where is the safety laws and concerns for this child?
- Will Humble May 9, 2011 at 8:22 am
  
  Faith,
  We did not write the laws for this, only the rules to apply to it..please contact your local representative.
Kathy May 15, 2011 at 1:36 pm

When will the dispensaries be opening ? I asked earlier about where to get med marj and your answer was from others paitients or caregivers . I don’t know either . So where do I go to obtain it ? Also can I travel to other states with med marj ? Thanks
- Will Humble May 16, 2011 at 12:38 pm
  
  Kathy,
  We will start excepting applications for dispensary’s on June 1st.
Rob Mellor July 13, 2011 at 10:10 pm

are there anymore slots for you to be receiving applications for opening dispensaries?
- Will Humble July 15, 2011 at 1:20 pm
  
  Rob,
  We are currently not licensing any dispensaries.
Kathy January 22, 2012 at 6:03 pm

In regards to renewing my card , my original doctor is on a sabbatical. I will not be able to contact him until after my expiration date . Can I have another of my doctors fill out the form ?
- Will Humble January 24, 2012 at 9:35 am
  
  Kathy,
  Yes, you can have another doctor fill out your form.
Jimmy - Valuta calculator January 25, 2012 at 1:22 pm

I’m also wondering about the legality of obtaining seeds, can you give some more information about that? That would be great!
- Will Humble January 31, 2012 at 10:31 am
  
  Jimmy,
  Please contact an attorney.
  Thanks
Jody April 18, 2012 at 11:12 am

Mr. Humble,

With all due respect, I’m having a hard time figuring why you’re being intentionally evasive concerning the question of whether caregivers can sell to dispensaries. First you say “Caregivers can sell”, and then dodge any & all questions asking you to clarify the statement (which begs for clarification, since it appears to directly contradict the law.

So please – if it isn’t too hard – could you please explain this statement?????????? Are you saying that caregivers can sell so long as they’re OK with being thrown in prison? Is that what you meant?

Or is it your intent to produce as much confusion as possible?
- Will Humble April 18, 2012 at 2:01 pm
  
  Jody,
  The rules are clear, no compesation means no compensation. This is the statutory language (that the voters approved) and not language that ADHS developed.
  36-2801 (5) states:
  “Designated caregiver” means a person who:
  (a) Is at least twenty-one years of age.
  (b) Has agreed to assist with a patient’s medical use of marijuana.
  (c) Has not been convicted of an excluded felony offense.
  (d) Assists no more than five qualifying patients with the medical use of marijuana.
  (e) May receive reimbursement for actual costs incurred in assisting a registered qualifying patient’s medical use of marijuana if the registered designated caregiver is connected to the registered qualifying patient through the department’s registration process. The designated caregiver may not be paid any fee or compensation for his service as a caregiver. Payment for costs under this subdivision shall not constitute an offense under title 13, chapter 34 or under title 36, chapter 27, article 4.
  
  36-2806( F) states:
  A registered nonprofit medical marijuana dispensary may acquire usable marijuana or marijuana plants from a registered qualifying patient or a registered designated caregiver only if the registered qualifying patient or registered designated caregiver receives no compensation for the marijuana.
M Tirta Rio Djambak August 30, 2012 at 3:51 am

Next time I read a blog, Hopefully it does not disappoint me just as much as this one. I mean, Yes, it was my choice to read through, but I truly believed you would probably have something useful to talk about. All I hear is a bunch of moaning about something that you could fix if you weren’t too busy seeking attention.