MurshDawg
Active Member
I finally completed my open letter for everyone to copy and paste for use in this great undertaking. I really hope everyone finds use for it or at least parts of it. I know it doesn't matter to us patients who takes care of this blatant violation of the constitution; it only matters that it is taken care of. We all are resolved to see the same conclusion; the repeal of the 25 mile rule.
To the citizens and representatives of the great state of Arizona,
In November of 2010 the voters of Arizona passed proposition 203, also known as the Arizona Medical Marijuana Act. The question of if sick people should have the right to safely and legally have access to the medical benefits from the use of cannabis has been answered. However, while AMMA is currently in litigation, a danger is looming for patients. Though the sick can now be protected from prosecution they are not protected from impending economic terrorism and the systemic violation of the state constitution. This loophole that exists within the Arizona Medical Marijuana Act, if fully implemented, will unknowingly give control of the supply of medical grade cannabis and the price in which patients will have to pay to the dispensaries. This loophole will also unwittingly encourage violent crimes such as robberies and assaults where medical marijuana is to be dispensed and is a blatant violation of the state and federal constitutions.
This loophole is known as the 25 Mile Ruleand can be found tucked into the Arizona Medical Marijuana Act of 2010 under such passages as, ARS 36-2804.02 (f). If a dispensary opens then any patient or caregiver who cultivates must stop cultivating and start obtaining their medical grade cannabis through a dispensary instead. This is equivocal to being forced to throw away your brand new coffee maker because there is a Starbucks that is operating within 25 miles of your home.
The 25 Mile Rule does more harm than just restricting patients rights to cultivate. It also unwittingly places control of supply to the dispensaries. It will burden dispensaries by having to cultivate an unnecessarily excessive amount of medical cannabis to meet inflated demands. By doing this, dispensary owners and agents will find themselves subject to even greater government oversight. The combination of control over supply plus steadily high demand equals an unaffordable cost to patients. These facts do not reflect the true spirit of Arizona's Medical Marijuana Act. The voters have respectfully opted for tighter regulations on dispensaries. We want to avoid the pitfalls of states like California when implementing our medical marijuana law. However, if AMMA is fully implemented, the 25 Mile Rule will unknowingly encourage violent crimes. Being that Arizona allows for one dispensary per every ten pharmacies and the citizens have asked their cities for stringent zoning regulations. The criminal element does not share our same concerns or regard for the rule of law. If AMMA is fully implemented; robbers, thieves, and other violent criminals will have select lucrative targets that they can commit their assaults, carjackings, and even brazen armed robberies of dispensaries and the patients that this law is trying to protect.
As damning as these realities may be; it is not nearly as fatal as the very fact that, in it's current incarnation, AMMA is in clear violation of Article 2 section 13 of the Arizona State Constitution. Under article 2 section 13 of the Arizona State Constitution:No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations. CompassionAZ v Arizona asked for provisions listed in the rules and regulations, that discriminated against out of state business entities, to be eliminated from the rules on the grounds of constitutionality. Don't patients deserve equal protection as well? Patients cannot be guaranteed equal protection under AMMA because the constitutional violation is written into law and voted in by the citizens of Arizona. This is not much of philosophy as it is a legal fact.
There are only two ways to amend AMMA. One, is to have a ¾ majority in state legislature agree to amend the Arizona Medical Marijuana Act of 2010, eliminating the 25 mile rule, and have the Governor sign the amendments into law. The other is to have a voter approved initiative, amend the Arizona Medical Marijuana Act of 2010 to eliminate the 25 mile rule. It is up to the patients of Arizona to ask their caregivers and compassion clubs to get behind the movement to successfully amend AMMA; to make it a fair, equitable law, that guarantees protections for all not just some. Patients are asking for help to develop and successfully circulate a petition that will appear on the state ballots during the next election. Organized representation must exist so that we can have our voices collectively heard. We must all commit ourselves to not stop, nor allow our resolve to waiver until the true spirit of the Arizona Medical Marijuana Act of 2010 is reflected in the written law. We must continue to voice our concern over this egregious violation of our civil rights until the amicable solutions are instated.
Sincerely,
The qualified medical marijuana patients and caregivers of Arizona
To the citizens and representatives of the great state of Arizona,
In November of 2010 the voters of Arizona passed proposition 203, also known as the Arizona Medical Marijuana Act. The question of if sick people should have the right to safely and legally have access to the medical benefits from the use of cannabis has been answered. However, while AMMA is currently in litigation, a danger is looming for patients. Though the sick can now be protected from prosecution they are not protected from impending economic terrorism and the systemic violation of the state constitution. This loophole that exists within the Arizona Medical Marijuana Act, if fully implemented, will unknowingly give control of the supply of medical grade cannabis and the price in which patients will have to pay to the dispensaries. This loophole will also unwittingly encourage violent crimes such as robberies and assaults where medical marijuana is to be dispensed and is a blatant violation of the state and federal constitutions.
This loophole is known as the 25 Mile Ruleand can be found tucked into the Arizona Medical Marijuana Act of 2010 under such passages as, ARS 36-2804.02 (f). If a dispensary opens then any patient or caregiver who cultivates must stop cultivating and start obtaining their medical grade cannabis through a dispensary instead. This is equivocal to being forced to throw away your brand new coffee maker because there is a Starbucks that is operating within 25 miles of your home.
The 25 Mile Rule does more harm than just restricting patients rights to cultivate. It also unwittingly places control of supply to the dispensaries. It will burden dispensaries by having to cultivate an unnecessarily excessive amount of medical cannabis to meet inflated demands. By doing this, dispensary owners and agents will find themselves subject to even greater government oversight. The combination of control over supply plus steadily high demand equals an unaffordable cost to patients. These facts do not reflect the true spirit of Arizona's Medical Marijuana Act. The voters have respectfully opted for tighter regulations on dispensaries. We want to avoid the pitfalls of states like California when implementing our medical marijuana law. However, if AMMA is fully implemented, the 25 Mile Rule will unknowingly encourage violent crimes. Being that Arizona allows for one dispensary per every ten pharmacies and the citizens have asked their cities for stringent zoning regulations. The criminal element does not share our same concerns or regard for the rule of law. If AMMA is fully implemented; robbers, thieves, and other violent criminals will have select lucrative targets that they can commit their assaults, carjackings, and even brazen armed robberies of dispensaries and the patients that this law is trying to protect.
As damning as these realities may be; it is not nearly as fatal as the very fact that, in it's current incarnation, AMMA is in clear violation of Article 2 section 13 of the Arizona State Constitution. Under article 2 section 13 of the Arizona State Constitution:No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations. CompassionAZ v Arizona asked for provisions listed in the rules and regulations, that discriminated against out of state business entities, to be eliminated from the rules on the grounds of constitutionality. Don't patients deserve equal protection as well? Patients cannot be guaranteed equal protection under AMMA because the constitutional violation is written into law and voted in by the citizens of Arizona. This is not much of philosophy as it is a legal fact.
There are only two ways to amend AMMA. One, is to have a ¾ majority in state legislature agree to amend the Arizona Medical Marijuana Act of 2010, eliminating the 25 mile rule, and have the Governor sign the amendments into law. The other is to have a voter approved initiative, amend the Arizona Medical Marijuana Act of 2010 to eliminate the 25 mile rule. It is up to the patients of Arizona to ask their caregivers and compassion clubs to get behind the movement to successfully amend AMMA; to make it a fair, equitable law, that guarantees protections for all not just some. Patients are asking for help to develop and successfully circulate a petition that will appear on the state ballots during the next election. Organized representation must exist so that we can have our voices collectively heard. We must all commit ourselves to not stop, nor allow our resolve to waiver until the true spirit of the Arizona Medical Marijuana Act of 2010 is reflected in the written law. We must continue to voice our concern over this egregious violation of our civil rights until the amicable solutions are instated.
Sincerely,
The qualified medical marijuana patients and caregivers of Arizona
