I Hate being Wrong

NLXSK1

NLXSK1

Well-Known Member
But it appears for some fucked up reason that both the patient AND the caregiver must live more than 25 miles away from a dispensary.

Neither state-authorized patients nor their caregivers may legally cultivate marijuana under the law if they reside within 25 miles of an operating dispensary.
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That is going to make getting medical MJ from a caregiver rather than a dispensary pretty difficult in most parts of AZ.
 
F

Flawed

Active Member
That really sucks, was counting on being able to grow inside of Phx as a caregiver. Oh well, looks like I am buying a house 25 miles out now.
 
NLXSK1

NLXSK1

Well-Known Member
Flawed said:
That really sucks, was counting on being able to grow inside of Phx as a caregiver. Oh well, looks like I am buying a house 25 miles out now.
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When? LOL!!! The dispensaries start in April but there is no guarantee that if you buy a house outside of phoenix that some dispensary will show up and put you back into the 25 mile limit in August...

What do you do, move again? Better to be growing in a mobile home I guess :P
 
F

Flawed

Active Member
Well not now lol, but when I see where the Dispesarys are going to be. Plus, at the prices the houses are selling for right now, it's a good investment.
 
NLXSK1

NLXSK1

Well-Known Member
Flawed said:
Well not now lol, but when I see where the Dispesarys are going to be. Plus, at the prices the houses are selling for right now, it's a good investment.
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no shit... I just bought a house recently but I would like to get off the grid eventually.
 
Sr. Verde

Sr. Verde

Well-Known Member
WOW! Seriously arizona???

How stupid is that shit.


Can't wait for the news, 'cancer patient jailed for growing 24 miles from dispensary'

People will be like, 'what? Really'
 
phxfire

phxfire

New Member
Keep in mind it may take up to 3 months after April 2011 before there is a dispensary approved to open up... Then growing the product... Come on it could take a year before someone actually walks into a dispensary and buys marijuana.
 
L

LEAPSpeaker

Active Member
The state has 90 days to approve dispensary licenses. The department of health says they will follow it plants to patient, so it could be another 4 months before any dispensary has a legal product to sell. Another problem is where to get legal clones. If anyone here's where to get any, please let me know.

Jay
 
A

AZsativafreak

Member
^ yup and in recent light of Al Sobol's allegations that seems convenient huh? There are already sites popping off here in AZ about the connection. the law was written so dispensaries would eventually cut out ALL home growers. I went to an AZCS meeting in Phoenix to hear them talk on it and dude said the same thing, "Will has no resources to monitor it and it opens a flood gate of lawsuits for lost crops due to contamination or pollination" "if you want to open a dispensary, think like Will and make 25 miles radius bubbles, cover the whole state." If you want to be a cregiver, you better buy now before all the private investors flood the market and buy the land not in the bubbles, aka outside flagstaff, yavapai county etc
 
J

jrut

Member
This is an interesting part of the prop 36-2812. Affirmative defense
Seems there is no need to register and get a card. says you can grow your own too. you only need to be a qualifying patent. No where in the prop says you must register. I would like to here some Lawyers comment on this.
36-2812. Affirmative defense
A. EXCEPT AS PROVIDED IN SECTION 36-2802, A QUALIFYING PATIENT AND A QUALIFYING PATIENT'S DESIGNATED CAREGIVER, IF ANY, MAY ASSERT THE MEDICAL PURPOSE FOR USING MARIJUANA AS A DEFENSE TO ANY PROSECUTION OF AN OFFENSE INVOLVING MARIJUANA INTENDED FOR A QUALIFYING PATIENT'S MEDICAL USE, AND THIS DEFENSE SHALL BE PRESUMED VALID WHERE THE EVIDENCE SHOWS THAT:
1. A PHYSICIAN STATES THAT, IN THE PHYSICIAN'S PROFESSIONAL OPINION, AFTER HAVING COMPLETED A FULL ASSESSMENT OF THE QUALIFYING PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION MADE IN THE COURSE OF A BONA FIDE PHYSICIAN-PATIENT RELATIONSHIP, THE QUALIFYING PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE MEDICAL USE OF MARIJUANA TO TREAT OR ALLEVIATE THE QUALIFYING PATIENT'S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENT'S DEBILITATING MEDICAL CONDITION.
2. THE QUALIFYING PATIENT AND THE QUALIFYING PATIENT'S DESIGNATED CAREGIVER, IF ANY, WERE COLLECTIVELY IN POSSESSION OF A QUANTITY OF MARIJUANA THAT WAS NOT MORE THAN WAS REASONABLY NECESSARY TO ENSURE THE UNINTERRUPTED AVAILABILITY OF MARIJUANA FOR THE PURPOSE OF TREATING OR ALLEVIATING THE QUALIFYING PATIENT'S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENT'S DEBILITATING MEDICAL CONDITION.
3. ALL MARIJUANA PLANTS WERE CONTAINED IN AN ENCLOSED LOCKED FACILITY.
4. THE QUALIFYING PATIENT AND THE QUALIFYING PATIENT'S DESIGNATED CAREGIVER, IF ANY, WERE ENGAGED IN THE ACQUISITION, POSSESSION, CULTIVATION, MANUFACTURE, USE OR TRANSPORTATION OF MARIJUANA, PARAPHERNALIA OR BOTH, RELATING TO THE ADMINISTRATION OF MARIJUANA SOLELY TO TREAT OR ALLEVIATE THE QUALIFYING PATIENT'S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED WITH THE QUALIFYING PATIENT'S DEBILITATING MEDICAL CONDITION.
B. A PERSON MAY ASSERT THE MEDICAL PURPOSE FOR USING MARIJUANA IN A MOTION TO DISMISS, AND THE CHARGES SHALL BE DISMISSED FOLLOWING AN EVIDENTIARY HEARING WHERE THE PERSON SHOWS THE ELEMENTS LISTED IN SUBSECTION (A).
C. IF A QUALIFYING PATIENT OR A QUALIFYING PATIENT'S DESIGNATED CAREGIVER DEMONSTRATE THE QUALIFYING PATIENT'S MEDICAL PURPOSE FOR USING MARIJUANA PURSUANT TO THIS SECTION, THE QUALIFYING PATIENT AND THE QUALIFYING PATIENT'S DESIGNATED CAREGIVER SHALL NOT BE SUBJECT TO THE FOLLOWING FOR THE QUALIFYING PATIENT'S MEDICAL USE OF MARIJUANA:
1. DISCIPLINARY ACTION BY A COURT OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR BUREAU.
2. FORFEITURE OF ANY INTEREST IN OR RIGHT TO NON-MARIJUANA, LICIT PROPERTY
 
YThor

YThor

Well-Known Member
If you got that from here:

http://www.keytlaw.com/arizonamedicalmarijuanalaw/the-mmd-law/ars-§-36-2812/

note at the end: Caution: 1998 Prop. 105 applies.

Proposition 105 from 1998 (and proposition whatever from 1996) were both passed, but both were thrown away because the wording was bad.

I'm no lawyer, but I'm going to guess that if you try to mount a defense based on a proposition that never became law, you're going to spend a whole lot of very expensive time in court.

EDIT: it looks like that provision is real, but it goes away once the dispensary system comes into force. See the discussion here:

http://blogs.phoenixnewtimes.com/jackalope/2010/12/medical_marijuana_rip-offs_fiv.php
 
J

jrut

Member
YThor said:
If you got that from here:

http://www.keytlaw.com/arizonamedicalmarijuanalaw/the-mmd-law/ars-§-36-2812/

note at the end: Caution: 1998 Prop. 105 applies.

Proposition 105 from 1998 (and proposition whatever from 1996) were both passed, but both were thrown away because the wording was bad.

I'm no lawyer, but I'm going to guess that if you try to mount a defense based on a proposition that never became law, you're going to spend a whole lot of very expensive time in court.

EDIT: it looks like that provision is real, but it goes away once the dispensary system comes into force. See the discussion here:

http://blogs.phoenixnewtimes.com/jackalope/2010/12/medical_marijuana_rip-offs_fiv.php
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I got it here
http://www.azsos.gov/election/2010/info/PubPamphlet/english/Prop203.htm

further in the prop it reads

Sec. 5. Conditional repeal; notice
A. Section 36-2812, Arizona Revised Statutes, as added by this act, is repealed as of the date the Arizona department of health services begins to issue registry identification cards to qualifying patients and designated caregivers.
 
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