"25 Mile Rule" Null & Void

HB DC

Active Member
Dear Governor,

As an Arizona citizen I ask you to pardon all arrests stemmed from incompliance to ARS 36-2804.02(A)(3)(f)
also known as the “25 Mile Rule”. The Arizona Medical Marijuana Act stops all access to safe and reliable medicine
if the “25 Mile Rule” is not null and void. Further, I feel the “25 Mile Rule” will violate the Arizona Constitution and
the US Constitution which you have vowed to protect as our Governor. Please take your time to protect
the citizens of Arizona and our constitutions.

Arizonians out side of the “25 Mile Rule” will have added privileges and immunities not afforded to Arizonians within
the “25 Mile Rule” which is a direct violation of Arizona State Constitution; Equal privilege and immunities. All Arizonians
shall have safe and reliable access to medicine whether from home cultivation or a dispensary and reap the same
privileges and immunities as every other Arizona citizen.

Whether it is one person feeling the hands of tyranny or many, it is the duty of the citizens to petition their grievances.



Sincerely,
NAME
ADDRESS
PHONE NUMBER


Draft
 

personified

Active Member
Irieie is correct on both sides. The only way this can be changed is through a vote. I think we should focus on defining what an "open dispensary" is. Mr Dumbel has stated if he has issued the license then it is a dispensery and will not be providing any further authorizations. That is where we can beat him and I have been contemplating going down to the supreme court and challenging his opinion so we can get a judges definition of "Open".

Call me funny but I think open is when they open the doors and can provide product otherwise they are not open!! It would cost $220 to file the motion at supreme court and I am about to do it. A motion like that should be straight forward and not to much they can try to do to get around under tort law to stalemate the decision.

Others would argue that in prop 203 that all that would be necessary is to have a doctors recommendation. While I can agree with that argument someone must defend it in court. Who wants to defend tehmselves in a rigged criminal court? It is better to take the bull by the horns and have it defined before hand.
 

irieie

Well-Known Member
We have gotten a clarification on "open dispensary"
A voter initiative is one way to change the law but is up to many factors regarding voter turnout, proper campaigning, properly crafting a working and legalinitiative, and plus this would not even be plausible until the interim election in 2014.

Another route to challenge the 25 mile clause is to bring suit against the state for violation of equal protection under the state constitution. It would be best brought once rights have been denied to some and not others. There are other cases where similar restrictions have been lifted by a judge under these same merits. It is about properly organized and funded effort with properly hired lawyers to put some real work into this. It is not a guarantee but it is the most immediate option and it has worked on similar cases in the past. Specifically in a suit brought against the state for restricting dispensary applicants to 3 year state residents.
 

HB DC

Active Member
Last I looked Our governor can give pardons like the governor in Colorado has done over the last few weeks...

Everyone knows for the most part there are 2 routes for solving the "25 Mile Rule" that is not up for debate.

A simple letter to the governor never hurt.
 

personified

Active Member
We have gotten a clarification on "open dispensary"
A voter initiative is one way to change the law but is up to many factors regarding voter turnout, proper campaigning, properly crafting a working and legalinitiative, and plus this would not even be plausible until the interim election in 2014.

Another route to challenge the 25 mile clause is to bring suit against the state for violation of equal protection under the state constitution. It would be best brought once rights have been denied to some and not others. There are other cases where similar restrictions have been lifted by a judge under these same merits. It is about properly organized and funded effort with properly hired lawyers to put some real work into this. It is not a guarantee but it is the most immediate option and it has worked on similar cases in the past. Specifically in a suit brought against the state for restricting dispensary applicants to 3 year state residents.
That would be a good precedent I agree did not even think about it. Not sure if it applies because of the number of dispensaries defined by percentage of pharmacies.

I also wonder if they would claim health saftey and welfare of the people as and validation for taking rights. Which is the basis for most of Mr Stumbles BS interpretations.
 

YThor

Well-Known Member
Last I looked Our governor can give pardons like the governor in Colorado has done over the last few weeks...
Could, yes. But given the governor's track record, I have no idea why she would, what with filing a federal lawsuit to prevent the "risk of federal prosecution for [state employee's] role in administering dispensary licenses under this law.”

From one news story:

With the exception of inmates who are nearing the end of a terminal illness, Brewer has granted only five of the 70 recommendations for clemency -- the fewest of any Arizona governor in the past 20 years.

Brewer's regime relies upon keeping cops busy and jails filled. That she would consider clemency for those convicted of contravening cannabis laws would seem unlikely at best.
 

BeaverHuntr

Well-Known Member
Could, yes. But given the governor's track record, I have no idea why she would, what with filing a federal lawsuit to prevent the "risk of federal prosecution for [state employee's] role in administering dispensary licenses under this law.”

From one news story:

With the exception of inmates who are nearing the end of a terminal illness, Brewer has granted only five of the 70 recommendations for clemency -- the fewest of any Arizona governor in the past 20 years.

Brewer's regime relies upon keeping cops busy and jails filled. That she would consider clemency for those convicted of contravening cannabis laws would seem unlikely at best.
Correct. Brewers in cahoots with the private prison companies. Her goon squad gets rich by putting people in jail.
 

HB DC

Active Member
Could, yes. But given the governor's track record, I have no idea why she would, what with filing a federal lawsuit to prevent the "risk of federal prosecution for [state employee's] role in administering dispensary licenses under this law.”

From one news story:

With the exception of inmates who are nearing the end of a terminal illness, Brewer has granted only five of the 70 recommendations for clemency -- the fewest of any Arizona governor in the past 20 years.

Brewer's regime relies upon keeping cops busy and jails filled. That she would consider clemency for those convicted of contravening cannabis laws would seem unlikely at best.
What you have said is proof she is looking out for folks... Obviously she was elected to protect the US Constitution and Our State constitution and AzMMA could get Az folks arrested under Federal law. She did what she could in her power to see that no one gets arrested by the Feds... I think she made a wise move. Think about it very hard... She must have known the AzMMA would never get shut down by her lawsuit. Come on now. Her lawsuit was reinsurance.

Declaratory Judgement & Injunction.... Is the same that needs to asked about growing once a dispensary opens within the 25 mile radius...

Correct. Brewers in cahoots with the private prison companies. Her goon squad gets rich by putting people in jail.
Do the crime, do the time... Can't cry about it. Arizona has been this way from day 1 and I don't see that changing.

Arizona's unwritten motto -Come on vacation leave on probation.
 

BeaverHuntr

Well-Known Member
What you have said is proof she is looking out for folks... Obviously she was elected to protect the US Constitution and Our State constitution and AzMMA could get Az folks arrested under Federal law. She did what she could in her power to see that no one gets arrested by the Feds... I think she made a wise move. Think about it very hard... She must have known the AzMMA would never get shut down by her lawsuit. Come on now. Her lawsuit was reinsurance.

Declaratory Judgement & Injunction.... Is the same that needs to asked about growing once a dispensary opens within the 25 mile radius...



Do the crime, do the time... Can't cry about it. Arizona has been this way from day 1 and I don't see that changing.

Arizona's unwritten motto -Come on vacation leave on probation.

So you support the state locking up marijuana users? Even recreational smokers? Damn dude you're partisan the whole way down.
 

HB DC

Active Member
So you support the state locking up marijuana users? Even recreational smokers? Damn dude you're partisan the whole way down.
No no no never said that... Just a little wiser when I cross my T's and dot my i's

I do not support wrong doing...

Some people will never get it. College works wonders.
I guess not for everyone... I have seen a lot of uneducated College grads

I hate folks who brag about having a piece of paper, it doesn't determine your IQ, logic or how I will treat you..

What do you have a BS in?
Sociology?
Philology?
or maybe Political Science?

I am was thinking engineering or botany... Joking.

Irieie grows fire... To say the least.
 

BeaverHuntr

Well-Known Member
No no no never said that... Just a little wiser when I cross my T's and dot my i's

I do not support wrong doing...
Humble, Montgomery , Brewer , Arpaio they are all on the same side and dont agree with the legalization of Marijuana but you support them? You support these guys though because there is a little (R) next to their name.
 

HB DC

Active Member
Humble, Montgomery , Brewer , Arpaio they are all on the same side and dont agree with the legalization of Marijuana but you support them? You support these guys though because there is a little (R) next to their name.
You assume a lot...

I am no (R) nor have I ever supported a politician because of a (D) or (R)

I don't support the 2 party system......

Never said I support Humble, Brewer or Montgomery. Where did that come from?

Sorry I rationalize my opinions before they are preempted by feelings.

Maybe I need to go back to school....


Its going to be a Fucking mess dealing with the "25 Mile Rule" if folks are only worried about shenanigans..

I am a registered (PND)
 

BeaverHuntr

Well-Known Member
You assume a lot...

I am no (R) nor have I ever supported a politician because of a (D) or (R)

I don't support the 2 party system......

Never said I support Humble, Brewer or Montgomery. Where did that come from?

Sorry I rationalize my opinions before they are preempted by feelings.

Maybe I need to go back to school....


Its going to be a Fucking mess dealing with the "25 Mile Rule" if folks are only worried about shenanigans..
You support Brewer and Arpaio though who are all on the same team with the same agenda as Montgomery and Humble. That agenda is: Getting rid of the MMJ law here in AZ.
 

irieie

Well-Known Member
An education in anything is key. College teaches higher thinking and critical analysis in a truly effective manner. Some don't need it but I have never seen anyone who went to college who was not better than if they didn't whether they graduated or not or whether their degree got them a job or not educating oneself and expanding ones perspectives and outlooks is never a bad thing.
 

HB DC

Active Member
You support Brewer and Arpaio though who are all on the same team with the same agenda as Montgomery and Humble. That agenda is: Getting rid of the MMJ law here in AZ.
I support Arpaio... All day.

Not Brewer.

I know I didn't vote for Nobama...
 
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