Thank you for your interest in the effective implementation of the AZ Medical Marijuana Act. We realize that many Arizona physicians may not yet feel comfortable with or fully informed about medicinal marijuana. It is likely that some of your patients will have questions for you about medical marijuana or even request a certification from you. Given your established relationships with your patients, you are in the best position to determine if medical marijuana is likely to be beneficial for them.
To assist you, we have reviewed numerous articles and sources of information about the medical use of marijuana. At this point, the most comprehensive, well researched, and readable reports we have come across was published in 2000 by the Institute of Medicine (IOM) called Marijuana as Medicine-The Science Beyond the Controversy. You can read the book online and search more easily for specific information you may be seeking. This book is based on the 1999 IOM report Marijuana and Medicine: Assessing the Science Base.
The report examined research on marijuana effects in the body and its ability to treat specific medical conditions. The research team also compared the effectiveness of using marijuana versus FDA-approved medicines to treat numerous specific disorders. This is a great resource for those who want scientifically sound medical information on marijuana.
We believe it is important for Arizona physicians to be informed about marijuana as a new legal treatment option in Arizona (beginning in mid April) as you make decisions about managing debilitating medical conditions in your patients. In other states that have medical marijuana laws, the vast majority of physicians behave ethically and responsibly, only writing certifications for patients that have true debilitating medical conditions and only when it is believed that Cannabis will effectively manage their patient’s medical condition.
However, in pretty much every state, there are a handful of physicians that write certifications after only a cursory review of a patient’s medical condition. This creates an environment whereby recreational users seeking the legal protections that the Act provides seek certifications to support their use of marijuana. Over time, this creates a largely recreational program. ADHS crafted a regulatory program that sets the stage for what we believe can be the first true medical marijuana program in the country by setting expectations regarding the clinical assessment that is required in order to write a medical marijuana certification. The Physician Certification Form can be found on our website. We expect Arizona physicians to:
- Make or confirm a diagnosis of a debilitating medical condition, as defined in A.R.S. § 36-2801, for the qualifying patient;
- Establish a medical record for the qualifying patient and are maintaining the qualifying patient’s medical record as required in A.R.S. § 12-2297;
- Conduct an in-person physical examination of the qualifying patient appropriate to the qualifying patient’s presenting symptoms and the debilitating medical condition the physician diagnosed or confirmed;
- Review the qualifying patient’s medical records, including medical records from other treating physicians from the previous 12 months, the qualifying patient’s responses to conventional medications and medical therapies, and the qualifying patient’s profile on the Arizona Board of Pharmacy Controlled Substances Prescription Monitoring Program database;
- Explain the potential risks and benefits of the medical use of marijuana to the qualifying patient, or if applicable, the qualifying patient’s custodial parent or legal guardian; and
- Attest that, in the physician’s professional opinion, the qualifying patient is likely to receive therapeutic or palliative benefit from the qualifying patient’s medical use of marijuana to treat or alleviate the qualifying patient’s debilitating medical condition.
In addition, if the physician refers the qualifying patient, or if applicable, the qualifying patient’s custodial parent or legal guardian, to a dispensary, the physician must disclose to the qualifying patient, or if applicable, the qualifying patient’s custodial parent or legal guardian, any personal or professional relationship the physician has with the dispensary.
Thank you for your support in making Arizona’s medical marijuana program the best in the country.
Will—Thanks for this letter. It might help sway some physicians on the fence to finally recommend medical marijuana. I’m in a rural area and I’ve contact every doctor within 100 miles of me and every single one has said they will not prescribe medical marijuna. Either the hospital or clinic that they are a member of, has prohibited them from doing so, or they fear the government or the AMA. Maybe this letter will encourage some to come forward and recommend medical marijuana.
as far as i’m concerned information dated that far back isn’t reliable when you consider all the reliable research findings of medical marijuana dated just this year. there needs to be court hearings concerning doctor patient relationship because arizona just doesn’t get it. these rules improved allot compared to the initial draft. however there are still issues that i’m sure will end up in the courts. which is were we’re headed soon.
Ron,
Please let me know if you have a comprehensive resource that is more recent.
Thanks!
In your blog you admit in medical marijuana states only a handful of doctors are writing certifications after only doing a cursory review of the patient. And your point? A handful is 5-10 and with over 12,000 qualified physicians in Arizona this seems to be a very miniscule number of doctors that might not be following the ADHS rules to a T. Stop painting the medical marijuana program like it’s ripe for abuse because it’s not. You never talk about Oregon or Washington where they have been running patient collectives and dispensaries for years and they are models for what Arizona will be doing shortly. It’s all about sick and ill patients having access to their medicine without fear of being arrested.
Please stop calling the alternative to medical use as recreational use. It’s PERSONAL USE and the majority of cannabis users are responsbile tax-paying law abiding citizens who happen to believe that our current drug policy in the United States is a big epic failure. The citizens of Arizona put forward a state initiative, it was passed and now you’ve been tasked to put the rules in place and make sure it runs well.
Can you please put up the patient application form now so all of the qualifying patients can start working on this before you start taking the completed forms on April 14th. Put the form up and let everyone know it can’t be submitted until April 14th, there is no reason to keep it embargoed.
Thank you Mr. Humble for being so responsible to the public. Are you going to answer questions to the general public after your appearance at a paid event put on by AzMMA in which attendees are charged $300 and you’ll be there answering questions? You need to come to some public forums where anyone can attend without having to pay these huge fees by the industry insiders.
Greetings,
I asked this question once before, never received a response, the question was deleted due to moderation.
You previously said the Medical Marijuana does not cover “PTSD”, but I do remember seeing another one of your blog posts showing that mental illnesses would be added to this bill. Screen Shot (including URL): http://img4.imageshack.us/img4/9594/azdhs.png
The rules are real foggy for a qualifying patient (pertaining to rule #14). I am really trying my hardest to get a direct answer — Does this bill cover insomnia and/or depression? Marijuana has saved my life many times, due to my severe medical depression.
I really hope this question does not get deleted in moderation again, if it does I will figure out how to contact your office.
Thanks for your time,
-Dylan
Dylan,
What medical conditions will qualify a patient for medical marijuana? Cancer, Glaucoma, Human Immunodeficiency Virus (HIV), Acquired Immune Deficiency Syndrome (AIDS), Hepatitis C, Amyotrophic Lateral Sclerosis (ALS), Crohn’s disease, Agitation of Alzheimer’s disease.
A chronic or debilitating disease or medical condition or the treatment for a chronic or debilitating disease or medical condition that causes:
o Cachexia or wasting syndrome;
o Severe and chronic pain;
o Severe nausea;
o Seizures, including those characteristic of epilepsy;
o Severe or persistent muscle spasms, including those characteristic of multiple sclerosis
What if my medical condition is not listed?
State law allows a person to request the addition of other conditions to the list of debilitating medical conditions.
How can I request the addition of a medical condition to the list?
In January and July of each calendar year, the Department will accept written requests to add a medical condition to the list of the debilitating medical conditions. The requirements for completing a request to add a medical condition include: The name of the medical condition or the treatment of the medical condition the individual is requesting be added; A description of the symptoms and how they make it hard to do daily living activities. The availability of conventional medical treatments to provide therapy or comfort for the condition; A summary of the evidence that marijuana will provide therapy or comfort for the medical condition; and Articles, published in peer-reviewed scientific journals, reporting research on the effects of marijuana on the medical condition or the treatment of the medical condition supporting why the medical condition or the treatment of the medical condition should be added.
Please see faq’s for further details.
Controlled Substances Prescription Monitoring Program (CSPMP). This program is for Schedule II, III, and IV drug and these drugs have to be PRESCRIBED. Marijuana is a Schedule I and NOBODY can prescribe Marijuana in AZ. so this is not going to work. Not to mention that it violate A.R.S. 36-2810.
Someone sounds bitter they LOST in a majority rules democracy
Good to see no one anymore sticks to their word, even when the internet shows what they said.
-Dylan
Will, thanks for speaking at todays MPP meeting. This comment/question is a little off the current topic so I apologize. I didn’t have a chance to ask this question today due to time constraints.
My comment was in regards to a “entity” being able to submit 1 application for 5 different CHAA zones. My concern is that if a potential applicant is qualified and has the financial backing and business plan to qualify for 1 major urban CHAA, what would prevent them from qualifying for ALL 5 certificates in 5 different CHAA’s, and potentially owning 5 dispensaries? If their business plan is solid and the financial backing is there, all you have to do is copy the exact same plan w/ a different address + $150k backing(for each), and they would have the opportunity to monopolize parts of phoenix by owning up to 5 dispensaries. What Im getting at is that I feel if a applicant is chosen for 1 CHAA, the remainder of their applications should be removed from the pool to give other prospective owners a chance. If there is a lack of other qualified applicants for a particular CHAA, then they could be reconsidered as applicants.
As a oncology nurse I don’t have the $200k to throw at attorneys to produce the “perfect”model business plan. What I do have is the skill and compassion to care for and provide the medicine these patients need. Please consider allowing only 1 dispensary certificate issued per applicant group. This would give other applicants a fighting chance.
Thank you AZDHS
Lauren A-
Per the rules a person is allowed to apply 5 times, but they must be in 5 different CHAA’s. If we have more than one applicant for a specific CHAA, we will use our evaluation process to select the best applicant for that CHAA.
Dear Director Humble,
Perhaps you noticed at your speaking engagement in Tucson that one of the sponsors was called (name removed by editor). (name removed by editor) seems to be a big sponsor of the event. If you had read their handout, you would have seen exactly what (name removed by editor) does and who is behind them. The contact person listed is none other than (name removed by editor). As for what (name removed by editor) does – their primary focus is providing edible food forms of marijuana to dispensaries. They are doing this in conjunction with a California dispensary called (name removed by editor). They want to be the back end supplier to all the dispensaries for their brownies, cookies, candies, etc.
This would be no big deal, if not for one little thing. In your final rules you changed the process for how a dispensary can produce edible marijuana products. I can only imagine that this came at the urging of (name removed by editor), (name removed by editor) and the rest of the (name removed by editor) crew. There can be no other logical reason that this rule would have changed.
Frankly, the rule change doesn’t make any sense. I can eat food that is prepared in any other licensed kitchen, why can’t I eat marijuana infused food that is prepared in any licensed kitchen? This rule seems to benefit only one business – (name removed by editor).
I don’t know, nor pretend to know the behind the scenes action within your department. However, it doesn’t take a rocket scientist to figure out that (names removed by editor) was able to successfully change a rule that benefits them and only them.
Shame on you for being tricked so easily. I can only imagine the stink that the loud mouth (name removed by editor) would raise if he found this out. I’d prefer not to hear (name removed by editor) screaming from the rafters any more than you. I have a modest request – put the infused/edible products requirements back to the way you had them in the 2nd draft. It is not a substantiative change. It was better public policy than the way you have it now.
Perhaps we can make this simple little change back to common sense and we can avoid any nastiness that would arise out of the accusations of crafting laws that only benefit (names removed by editor) crew.
Sincerely,
Henry Bowman
P.S. I don’t actually think there was any corruption on your part to make this change. I think the (name removed by editor) backers probably made a reasonable arguement to your staffers and they agreed and put it in there. I also know for a fact that (names removed by editor) crew were absolutely gloating over their ability to get this change done.
Henry,
We made the change at the request of local health departments who had major concerns, some even said that they would no longer do food establishment inspections if we proceeded with the 2nd draft approach. These are in the public record.
I am still confused as to who can supply edibles to the dispensaries. Do producers of edible mj products require that they too have a dispensary license in Arizona, and does this mean products made in California or other places can be sold to dispensaries in Arizona?
Medimax-
The dispensaries will need to make their own infused products because the FDA doesn’t recognize this as coming from an approved source.
Will & Staff
It’s great that you are trying to get doctors up to speed about medical marijuana. Too few are recommending medical marijuana yet. Too few recognize the benefits of it. Hopefully with your help doctors will come on board and realize the great benefits of recommending medical marijuana, that it is far better than taking pain killers. Thanks for getting the info. out there that medical marijuana is far safer than prescription drugs and doctors need not fear taking the NEXT step and recommending it for their patients in pain.
I’m glad the health department is finally meeting with doctors to educate them that marijuana is not a narcotic, and that iit is safe and should be prescribed to those in pain. Thanks for meeting with doctors to finally get them to recommend MJ.
Mr. Humble,
I am unable to clearly understand the application requirements for Qualifying Patients in R9-17-202.F.2.
Is Arizona Driver License or ID Card issued after October 1, 1996 sufficient or does a Patient need to submit a copy of US Passport page or other Citizenship verification regardless?
If a Qualifying Patient must present verification of US Citizenship then how do Legal Alien Qualified Patients, who only have a Green Card, apply for a Registry Card?
Thank you in advance for your answer.
Rob,
You need an Arizona drivers license issued on or after 10/1/96 OR a photograph page from the qualifying patients passport, AND one of the following; Birth certificate verifying U.S. Citizenship, U.S. Certificate of Naturalization or U.S. Certificate of Citizenship. You must provide the requested information or you will not be able to apply.
Mr. Humble,
With all due respects, the book you are referring physicians to in this blog post is over ten years old. In the last ten years much has happened in the world of Cannabis Research. If you go to http://www.PubMed.gov (The US National Library of Medicine Database), search for “Cannabis”, and limit your search to the last 10 years, you get 5790 publications. This is probably too many to ignore.
May I suggest the following titles?
The Pot Book, published in 2010, edited by Julie Holland, M.D. with chapter contributions by a long list of physicians from a number of different medical disciplines. I highly recommend this book.
Emerging Clinical Applications For Cannabis & Cannabinoids: A Review of the Recent Scientific Literature, 2000 — 2011.
Available here: http://www.norml.org//index.cfm?Group_ID=7002
Americans for Safe Access – a national group devoted to Advancing Legal Medical Marijuana Therapeutics and Research has a number of booklets in printed and PDF form that cover many of the conditions recognized by prop 203 and the AZ DHS rules and they are kept up-to-date. These are available here: http://www.safeaccessnow.org/section.php?id=135
RTS,
Thank you for the information.
It appears that the rural areas are kinda left out in the cold. Sure they’ll have a CHAA, but they’ll be growing for Phoenix. It appears that most doctors are wary about even considering getting involved with medical marijuana for a variety of reasons. Almost no doctors will recommend medical marijuana in rural areas. So that means a lot of really sick patients will have to take the long trip to Phoenix. But with free enterprize, I suppose some certification centers will make quick road trips to some rural areas to make a quick buck…and offer one day screenings.
happy to see that the health dept meeting the doctors to educate them that marijuana is not a narcotic and could relieve someone’s pain.
I received an email from the (name removed by editor) asking for your resignation. Does this (name removed by editor) have a grudge against you or is there any substance to the email? Personally, I thought you were doing a good job.
Sam,
Thanks! I serve at the pleasure of the Governor, not that guy you mentioned.
Will–
I know you serve the governor…but you also serve the people who elected the governor. The people voted in medical marijuana…so it is law. Please make medical marijuana easily available to those who are in pain. Please make it affordable. Please give everyone a fair chance to be considered for a dispensary, not just a few who helped write the rules.
to Will Humble I Have now purchased too caregiver cards from your organization as I am assisting two patients.Both caregiver cards say not authorized to cultivate.I have been told over and over that you people would find the problem and fIX my status with the State .What are you going to do about it I feel like Until You re-issue my caregiver cards that I am breaking the law, one of your employees told me to cross out the word not .This isn’t proper.
Please help me
David,
You need to visit our webiste and fill out the correction form, so that we can re-issue your cards.
fantastic report from the health department….
Studying by way of one’s nice content material, will aid me to do so often.
I received an email from the (name removed by editor) asking for your resignation. Does this (name removed by editor) have a grudge against you or is there any substance to the email? Personally, I thought you were doing a good job.
I’ve lost track of the number of people that have asked for and or demanded my resignation. Most of them have been unhappy with decisions I’ve made over the last 3 years regarding the medical marijuana program. I don’t worry about it too much.
At the doctor’s degree level, the greatest numbers of degrees were conferred in the fields of health professions and related programs.
Now I am going to do my breakfast, when having my breakfast coming yet
again to read further news.