Arizona Medical Marijuana Card
Arizona Dispensaries to Start Selling Medical Pot by July or August
Posted January 26 2012
By Jay Cerva
Since Arizona will not appeal the decision of Judge Gama on the lawsuit Compassion v. Arizona, the director of the Arizona Department of Health Services (ADHS) decided to start accepting pot dispensaries applications as early as this coming April. It’s probably a short notice for potential applicants to complete all the necessary requirements to submit the application.
Among the numerous requirements that potential applicants must submit are:
As originally approved, the department need to allow the operation of at least 125 dispensaries across Arizona, not as much compare to other states where medical marijuana is permitted.
According to Humble if application start being accepted in April 2012 they will need at least 45 additional days to review and grant the dispensary license.
At this point the applicants who are ready for the rush could be dispensing medical marijuana by July or August!
ADHS May Be Accepting Dispensaries Applications By Summer.
January 19, 2012
By Jay Cerva
Governor Jan Brewer following the dismissal of her federal lawsuit has officially asked the director of the Arizona Department of Health Services (ADHS) William Humble to begin processing medical marijuana dispensary applications.
“Our first step will be to review the rules for accepting dispensary applications,” “We’re working on those rules right now. The process is complicated by the fact that a lawsuit called Compassion v. Arizona is challenging the scope and constitutionality of our medical marijuana rules,” said Humble. “If that lawsuit is withdrawn or settled quickly, we could begin accepting dispensary applications this summer.”
Superior Court Judge Richard Gama
Referring to the lawsuit Compassion v. Arizona ordered today that the following regulations must be ultra vires and invalid:
· R9-17-322(A)(2) (requiring applicant to have been an Arizona resident for three years);
· R9-17-302(A)(4) (setting criteria that applicant have never filed personal or corporate bankruptcy);
· R9-17-302(A)(1) (setting criteria that applicant has submitted Arizona personal income tax returns for previous three years);
· R9-17-302(A)(2) (setting criteria that applicant is current on court ordered child support; is not delinquent in paying taxes, interest or penalties to the government; does not have an unpaid judgment to the government; and is not in default on a government issued student loan).
The Judge further ordered to the defendant (State of Arizona) to implement the lawful provisions of the Arizona Medical Marijuana Act (AMMA) and if necessary, to promulgate regulation that conform thereto.
Governor Brewer will have the opportunity to appeal Judge Gama decision within 30 days. If she decide not to take the appeal route, Arizona will have no choice other than to start licensing pot dispensaries.
Patients across the state of Arizona express joy with the decision to continue with the implementation of the dispensary program. Patients will soon be able to purchase their medication without the need to grow their own plants (if they live within 25 miles of the nearest dispensary).
These developments will greatly impact the Arizona economy in general by adding new tax revenue from new businesses such commercial real estate, dispensaries, and the creation of patients support positions such:
· Medical personal
· Administrative assistance
· Customer service
· Massage therapists
· Cooks
· Instructors
· Growers
· Maintenance personal
· Specialty contractors
· Drivers
· Marketing Professionals
· Advertisers
All this job creations will help the Arizona economy recover.
Federal Judge Grants ACLU Request to Throw out Governor’s Lawsuit Against Prop 203..
January 4, 2012
By Jay Cerva
On December 12, 2011 the American Civil Liberties Union (ACLU) officially ask a federal judge in Phoenix to throw out the lawsuit filed by Governor Brewer against prop 203. The lawsuit limited the accesses to legal medical marijuana to qualified patients. Today in an expected ruling, Federal Judge Susan R. Bolton permitted the ACLU to throw out the lawsuit.
U.S. District Court Judge Susan R. Bolton believes there is no genuine threat of imminent federal prosecution of state officials who carry out the law.
In a brief comment Ezekiel Edwards director of the ACLU said “It is unconscionable for Governor Brewer to continue to force very sick people to needlessly suffer by stripping them of the legal avenue through which to obtain their vital medicine”.
In 1959 The ACLU of Arizona was formed with the conviction to stand in defense of the civil rights of every Arizonan.
Stay tune for new developments of today’s announcement.
Medical Marijuana Card in Arizona.
By Jay cer va January 01, 2012
2012 is going to be a good year for the medical marijuana industry in Arizona.While the medical marijuana program remains unclear, services that help potential prospects apply for medical marijuana card in Arizona continue in operation. These services are mainly provided by medical marijuana doctors.A sense of confusion has rule the industry since Gov. Brewer filed a declaratory judgment alleging conflict between Arizona medical marijuana and federal drug laws.
All these legal maneuvers by the state, created a situation in which patients with issued cards can grow their own medication. It was an encouraging situation, because the move benefited certain segments of Prop 203, such Caregivers and card holders.
But the uncertainty has negatively impacted potential card holders. The ADHS has issued fewer cards in the last few months. The main reason for the decline can be trace to fears that applying for the marijuana card can lead to police scrutiny. For now there are no legal sources where qualified patients can purchase their medication thus creating an atmosphere of fear and uncertainty.
Several legal developments had occurred in the last few weeks that are optimistic to the industry. We just need to wait and see.
In despite of the uncertainty surrounding the marijuana law, I strongly believe that in 2012 prop 203 will be fully implemented. Patients will get in line in greater numbers to obtain the card and dispensaries will finally open for business.
Crackdown on California Dispensaries.
Currently in California the federal government is trying to shutdown medical marijuana dispensaries. The feds warned dispensaries and property owners that they are in violation of Federal drug laws even if voter approvedmedical marijuana 1996. Dispensaries and medical marijuana growers across California are facing the threat of shut down and criminal charges if they don’t close their businesses in 45 days.
Some medical marijuana associations had filed lawsuits in court to prevent federal prosecutor to move against dispensaries and prosecute them, so far no ruling has been issued by federal courts.
 In the mean time a dispensary in Fairfax CA a small town North West of San Rafael is being forced by the feds to stop providing medical marijuana to its customers. The dispensary owner Lynnette Shaw is facing a very typical situation that many dispensaries owners across the state of California are experiencing; the property owner Farshid Ezazi, is suing to evict Marin Alliance for Medical Marijuana which is managed by Ms Shaw. Mr. Ezazi is suing the dispensary to protect his property and himself from prosecution by the feds. In an effort to buy some time and fight to keep the business open , Ms Shaw took the same legal action to stop the eviction.
In a preliminary ruling this past Thursday a Marin County’s Superior Court Judge upheld the eviction. Fairfax officials affirm that Lynnette Shaw’s business is one of the top sale tax revenue contributors.
California’s U.S. District Judge Saundra Brown Armstrong declared last week she couldn’t stop federal sanctions against dispensaries because “marijuana remains illegal under federal law, and in Congress’ view, it has no medicinal value”.
Medical weed patients without a doubt will be force to the black market. In California there are approximately 1 million medical weed approved users.
Time is closing down on dispensary owners. In the next coming days it will be interesting to see the outcome of this battle between the feds and the California medical marijuana industry.
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