May 2011 - Page 2 of 2 - Arizona Medical Marijuana Law

I’m now a Cannabis Client, and It was Easy as P-O-T

Arizona Daily Star: “State officials and supporters like to say Arizona has the first true medical marijuana program in the country – but it didn’t take much for me to become a state-certified pothead. With the help of a naturopath and an out-of-state certification mill, I breezed through the application process and scored my very own medical marijuana card. . . . Before setting the appointment with Cannabis Patient Evaluation Centers, my editors and I laid some ground rules.”

By On the Net|2011-05-16T06:53:17-07:00May 16th, 2011|Stories & Articles|Comments Off

Insuring Your Medical Director

According to ADHS Director Will Humble, the most important name in your application will be that of the medical director. This is because Mr. Humble sees the long-term success of Prop 203 depending more upon the actions of the medical community than any other factor.

With those thoughts in mind, choosing the right medical director becomes of paramount importance. Unfortunately, however, the ADHS mandate that the director be “available” during dispensary business hours complicates the hiring process by considerably shrinking the available talent pool.

Another issue impacting the hiring process is medical malpractice insurance. Doctors with current practices already have policies, including those working part-time. Those willing to come out of retirement to serve a dispensary or disensaries only need coverage for the limited services they will be providing.

Fortunately there are flexible, cost-effective options. For those with active practices there is no need to completely change policies – instead, separate, MMJ specific policies can be obtained that essentially supplement the coverage they already have. The same goes for the semi-retired.

Retired doctors coming back to work can find medical malpractice policies that cover just the activities they list on the application. In all cases the premium costs are quite modest.

Don’t let concerns about obtaining reasonably-priced medical malpractice insurance keep you from finding the doctor or doctors you need to make your application shine with ADHS.

For further information or to receive a quote, I can be reached at www.PremierDispensaryInsurance.com

By Doug Banfelder|2012-08-18T09:25:16-07:00May 15th, 2011|Dispensary Insurance, Medical Directors|Comments Off

2 Arrested on Suspicion of Running Illegal Marijuana Growing Operation in the San Gabriel Valley

Los Angeles Times: “Two suspects have been arrested in connection with an illegal marijuana cultivation operation in the San Gabriel Valley after authorities seized two caches of plants and dried marijuana with an estimated street value of $2.5 million, the Los Angeles County Sheriff’s Department said Friday.”

By On the Net|2011-06-05T07:59:57-07:00May 13th, 2011|California News, Marijuana Crimes|Comments Off

Arizona U.S. Attorney Dennis Burke Talks about Arizona’s Medical Marijuana Law

KJZZ radio’s Steve Goldstein interviews United States Attorney for the District of Arizona Dennis Burke about medical marijuana in Arizona. The first question asked was is Arizona’s medical marijuana industry dead before it gets started. Burke said no.

By On the Net|2011-05-25T08:54:25-07:00May 11th, 2011|Marijuana Crimes, Stories & Articles|Comments Off

The Need for Weed

Tucson Weekly: “It will be months before Southern Arizona’s medical-marijuana system is fully in place. . . . Those who currently use marijuana to help with chronic pain issues or other health problems buy their weed illegally. That may continue while patients wait for dispensaries to open and have marijuana available. Later, some patients may find that they can’t afford the products sold at the dispensaries, which could cost from $200 to $400 for every ounce. Black-market weed costs around $80 for a couple of ounces.”

By On the Net|2011-05-10T07:30:59-07:00May 10th, 2011|Stories & Articles|Comments Off

Medical Pot: Concerns, Challenges for Rural Areas

Arizona Republic: “Most cities in Arizona have already approved zoning regulations in preparation for June 1, when the Department of Health Services will start accepting applications for dispensaries, said Ken Strobeck, executive director of the League of Arizona Cities and Towns. Mos communities have taken a similar route as Kingman by allowing dispensaries in industrial areas, Strobeck said, with few willing to let them operate in main business areas.”

By On the Net|2011-05-10T07:27:19-07:00May 10th, 2011|Stories & Articles, Zoning|Comments Off

Pot Lobby Grows in Washington

The Hill: “The lobbying push for the reform of marijuana laws continues to grow in Washington. . . . “There is a definite trend in society, due to demographics, which in the very near future there will be more than 50 percent support for the legalization of cannabis,” Fox said. “It may seem strange in the halls of Congress but cannabis is popular throughout the country and many want it to be legal.”

By On the Net|2011-05-09T08:07:01-07:00May 9th, 2011|Stories & Articles|Comments Off

States Reassess Marijuana Laws after Fed Warnings

Seattle Times: “Several states have started reassessing their medical marijuana laws after stern warnings from the federal government that everyone from licensed growers to regulators could be subjected to prosecution. The ominous-sounding letters from U.S. attorneys in recent weeks have directly injected the federal government back into a debate that has for years been progressing at the state level.”

By On the Net|2015-04-06T18:51:48-07:00May 9th, 2011|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off

New Federal Crackdown Confounds States That Allow Medical Marijuana

New York Times: “Marijuana remains illegal under federal law, but that has not stopped a fuzzy industry of marijuana farms and dispensaries from rising to serve the 15 states that allow the drug to be used for medical purposes. Under President Obama, the federal government had seemed to make a point of paying little attention — until now. . . . federal prosecutors are suddenly asserting themselves, authorizing raids and sending strongly worded letters that have cast new uncertainty on an issue that has long brimmed with tension between federal and state law.”

By On the Net|2012-05-12T15:22:31-07:00May 9th, 2011|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off

Arizona Legislature Helps Clear the Haze for Employers Dealing with the Arizona Medical Marijuana Law

Neil Alexander and Kristy Peters: “the implementing regulations to AMMA focused on making marijuana accessible to authorized users and did not attempt to clarify the new employment-related obligations placed on Arizona employers. H.B. 2541 was introduced and moved fairly quickly through the legislature in an effort to remedy this lack of guidance.”

See also “Legislative Prescription For Employer Medical Marijuana Issues.”

By On the Net|2011-05-06T07:52:29-07:00May 6th, 2011|AZ Legislation|Comments Off

Gilbert Protesters Challenge Pot Dispensaries

Arizona Republic: “The Gilbert Planning Commission on Wednesday approved permits for two proposed medical-marijuana dispensaries in the town’s northwestern corner, but not before fielding protests from several nearby residents and business owners. Contentious discussions on marijuana-related issues lasted several hours, but by night’s end, Sonoran Star Remedies and Beleaf Inc. became the first two dispensaries to receive permits to operate in Gilbert.”

By On the Net|2012-08-18T09:34:25-07:00May 6th, 2011|Stories & Articles, Zoning|Comments Off

Tempe Medical Pot Dispensaries could be Near Retail Centers

Arizona Republic: “Tempe Marketplace and Ikea could soon have medical-marijuana dispensaries as neighbors if the state approves two sites near the mega retail centers.”

By On the Net|2012-08-18T10:16:21-07:00May 6th, 2011|Stories & Articles, Zoning|Comments Off

Venice, California, Pot Doctors Shut Down after Raid by State Medical Board and Police

Los Angeles Times: “One of the Venice boardwalk’s eye-catching only-in-California features, the storefront pot doctors who lure patients with barkers, was shut down Wednesday, when the state medical board and law enforcement officers raided three locations linked to Medical Kush Doctor. ‘It appeared to me that the target was the doctors and the practice of writing recommendations and the collective was a collateral casualty’.”

By On the Net|2011-05-05T10:05:38-07:00May 5th, 2011|California News, Marijuana Crimes, Stories & Articles|Comments Off

Marana Commission OKs Dispensary Permit

Arizona Daily Star: “Marana’s Planning Commission voted 5-2 in favor of approving a conditional use permit for the first application the town has received from a company looking to set up a medical marijuana dispensary and growing operation. Commissioner Jeffrey Adragna and board Chairman Norman Fogel voted against issuing the permit at the commission’s April 27 meeting. A company called Progressive Herbal Care applied for the permit, hoping to set up shop in 3,000 square feet at 6248 N. Travel Center Drive.”

By On the Net|2012-08-18T09:40:30-07:00May 5th, 2011|Stories & Articles, Zoning|Comments Off

Arizona Medical Marijuana Growers could Pose Problems for Police

Arizona Republic: “Indoor gardening could become a challenge for Chandler police. So far, 64 residents have one-year state-issued cards to grow marijuana at home. . . . But it’s unclear who will be checking on them even though growing marijuana without a permit is a crime. And some question why anyone would invest time and money in an indoor growing setup to use it for a few months.”

By On the Net|2011-05-05T09:48:22-07:00May 5th, 2011|Stories & Articles|Comments Off

Chandler’s Marijuana-dispensary Restrictions Could be too Strict

Arizona Republic: “Less than a week after the Chandler City Council denied a permit for its only medical-marijuana dispensary applicant, some members say their zoning rules may be too restrictive. . . . Only three commercial areas meet the distance requirements, and landlords there are refusing to rent to a dispensary, planner Jodie Novak said. That makes it unlikely that the city will have any dispensaries when the state starts approving locations in August.”

By On the Net|2011-05-05T09:45:06-07:00May 5th, 2011|Stories & Articles|Comments Off

What Should Recommending Physicians & Dispensaries Advise Women of Child-bearing Age about the Risks of Using Marijuana During Pregnancy

Arizona regulations require that recommending physicians and dispensaries advise qualifying patients about any risks associated with the use of medical marijuana. So, as a clinician and a potential dispensary medical director, the question of what to advise female patients of child bearing age about the risk to the fetus, if any, of using marijuana during pregnancy is of real concern. The answer isn’t simple.

In Canada, qualifying patients may be legally prescribed a drug named Sativex, which contains THC (tetrahydrocannabinol) and CBD (cannabidiol), the two primary active ingredients in marijuana. One of the most respected and authoritative medical textbooks is “Harrison’s Textbook of Medicine.” In discussing THC and CBD in its digital edition, “Harrison’s Practice,” it states:

“Cannabinoids have been associated with reproductive toxicity. Animal studies indicate possible effects on fetal development and spermatogenesis. USE IN PREGNANCY IS CONTRAINDICATED. (Emphasis added.) Women of childbearing potential and males who are capable of causing pregnancy should use a reliable form of contraception for the duration of treatment and for 3 months following discontinuation.”

With respect to lactation, “Harrison’s Practice” states that THC and CBD enter breast milk and is thus contraindicated as well.

However, on the Sativex website, this contraindication of taking THC and CBD during pregnancy is not so blanket. It states that taking the drug during pregnancy is contraindicated “unless the potential risks to the fetus and/or embryo are considered to be outweighed by the benefit of treatment.”

But the foregoing contraindications and cautions are based primarily on animal studies, and many experts believe the risk of marijuana to the fetus is actually quite low based on human studies. In “Marijuana Myths, Marijuana Facts” by Morgan and Zimmer, it states that experts now agree that marijuana does not cause birth defects and, at worst, may be associated with slightly lower birth weights.

Indeed, most human studies have not found an increase in the risk for birth defects among babies exposed to marijuana while in the womb. In one study of 1246 women who reported occasional marijuana use during pregnancy, the frequency of birth defects was not elevated. A few studies have reported a very small increase in the risk for gastroschiasia, a rare defect in which the infant is born with intestines outside of the abdomen. There have been inconclusive studies that heavy use of marijuana during pregnancy may cause developmental brain problems in children exposed in utero.

So, what is a physician to advise female patients who are or may become pregnant? In my opinion, it would be advisable to exercise caution and follow the warning on the Sativex website, i.e. that marijuana should not be used during pregnancy unless any potential effects to the fetus are outweighed by the benefit of treatment. And with respect to women who are breast feeding, marijuana should definitely not be used.

Jason E. Gittman, MD, FCCP
[email protected]
http://www.medlawconsults.com

By Jason Gittman MD|2011-05-05T09:51:39-07:00May 5th, 2011|Stories & Articles|Comments Off

An Insider’s View – Three California Dispensaries

Last Sunday I joined a group of Arizona MMJ industry folks who had the rare privilege of visiting three L.A. area dispensaries. It was an excellent study in contrasts.

Our first stop was The Farmacy, a tidy and tiny (850 sq ft) storefront shop laid out in conventional fashion on the edge of the UCLA campus. Large windows with nice displays, good interior lighting, a long counter and fully stocked glass showcases set the tone.

This shop does a brisk business in a variety of herbal remedies, effectively broadening it’s revenue base. A lack of seating discourages lingering before or after the sale. A lone, contracted security guard keeps a watchful eye. Unarmed except for pepper spray, he said he can most often talk the occasional bad actor out of aggressive or other unlawful behavior. All in all, a nice, everyday retail environment, with the only unusual element, at least to we ‘Zonies, being the many small jars of MMJ bud on display behind the counter.

Our next stop was The Herbal Caregiver, a second-story walkup in a somewhat grittier part of town.

After being buzzed into the stairwell of this converted apartment, patients ascend to the second story and enter a lightly furnished, somewhat funky former living room and do their transactions at the counter, behind which is a video monitor showing the front door and around inside. Literature and business cards of interest to patients could be found on the coffee table. The effect was kind of homey, in a college dorm sort of way.

Our last stop was the Rainforest Collective, located in a comfortable neighborhood of mixed business and residential uses. It features an ambiance all it’s own, with walls covered in a colorful jungle motif and astroturf underfoot. Furnishings inside the large waiting room consist of a small desk for the receptionist and couches, a tv and space enough for members to congregate before heading out to their weekly volunteer community project.

Again, one had to be let into the building. After completing the requisite paperwork the receptionist buzzes patients into a small vestible separating the front room from the dispensary itself. After the first door closes, the budtender opens the second door to allow entry into the dispensary. Both she and the receptionist wore remote panic buttons, and the store’s manager is certified in security techniques.

If you’ve ever been inside a Trails or similar store, this dispensary would look familiar, with a couple of important differences: first, the jarred buds – at Rainforest collective there are many on display. We also saw more infused products here than in the other locations.

Interestingly, on the infused products there was very little labeling – mostly just the manufacturer’s logo and perhaps some contact information. It seems advisable, however, to list all ingredients, nutritional values and doseage information for the patient’s sake, and indeed this is a strict requirement by insurance carriers offering product liability coverage.

Undoubtedly Arizona dispensaries will share some characteristics with those in California, but with the industry rapidly evolving and our program coming online nearly a decade and a half later, Arizona’s MMJ entrpreneurs can benefit from the many lessons learned by the movement’s original pioneers.

Many thanks to our dispensary hosts, with special gratitude to guide Bob Calkin – here’s wishing you all much continued success. For more information about what I learned on this tour, email me at: [email protected]

By Doug Banfelder|2011-05-04T17:17:53-07:00May 4th, 2011|Dispensary Insurance, Stories & Articles|Comments Off

Colorado Medical-marijuana Bill Draws U.S. Attorney’s Warning

Denver Post: “The U.S. attorney for Colorado warned state lawmakers Tuesday that pending legislation adjusting rules for medical marijuana would conflict with federal law and could lead to federal prosecutions. U.S. Attorney John Walsh’s letter was sent to Colorado Attorney General John Suthers in response to his request for clarification on how federal treatment of medical marijuana use may conflict with pending legislation now under consideration in House Bill 1043.”

The text of the Colorado U.S. Attorney’s letter follows:

April 26, 2011

Jobn Suthers
Attorney General
State of Colorado
1525 Sherman St, 7th Floor
Denver, CO 80203

Dear Attorney General Suthers:

I am writing in response to your request for clarification of the position of the U.S. Department of Justice (the “Department”) with respect to activities that would be licensed or otherwise permitted under the terms of pending House Bill 1043 in the Colorado General Assembly. I have consulted with the Attorney General of the United States and the Deputy Attorney General of the United States about this bill, and write to ensure that there is no confusion as to the Department’s views on such activities.

As the Department has noted on many prior occasions, the Congress of the United States has determined that marijuana is a controlled substance, and has placed marijuana on Schedule I of the Controlled Substances Act (CSA). Federal law under Title 21 of the United States Code, Section 841, prohibits the manufacture, distribution or possession with intent to distribute any controlled substance, including marijuana, except as provided under the strict control provisions of the CSA. Title 21, Section 856 makes it a federal crime to lease, rent or maintain a place for the purpose of manufacturing, distributing or using a controlled substance. Title 21, Section 846 makes it a federal crime to conspire to commit that crime, or any other crime under the CSA. Title 18, Section 2 makes it a federal crime to aid and abet the commission of a federal crime. Moreover, federal anti-money laundering statutes, including Title 18, Section 1956, make illegal certain financial transactions designed to promote illegal activities, including drug trafficking, or to conceal or disguise the source of the proceeds of that illegal activity. Title 18, Section 1957, makes it illegal to engage in a financial transaction involving more than $10,000 in criminal proceeds.

In October 2009, the Department issued guidance (the “Ogden Memo”) to U.S. Attorneys around the country in states with laws authorizing the use of marijuana for medical purposes under state law. At the time the Ogden Memo issued, Colorado law, and specifically, Amendment 20 to the Colorado Constitution, authorized the possession of only very limited amounts of marijuana for medical purposes by individuals with serious illnesses and those who care for them. [footnote 1] As reiterated in the Ogden memo, the prosecution of individuals and organizations involved in the trade of any illegal drugs and the disruption of drug trafficking organizations is a core priority of the Department. This core priority includes prosecution of business enterprises that unlawfully market and sell marijuana. Accordingly, while the Department does not focus its limited resources on seriously ill individuals who use marijuana as part of a medically recommended treatment regimen in compliance with state law as stated in the Ogden Memo, we maintain the authority to enforce the CSA vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law. The Department’s investigative and prosecutorial resources will continue to be directed toward these objectives.

It is well settled that a State cannot authorize violations of federal law. The United States District Court for the District of Colorado recently reaffirmed this fundamental principle of our federal constitutional system in United States v. Bartkowicz, No. 10-cr-00118-PAB (D. Colo.2010), when it held that Colorado state law on medical marijuana does not and cannot alter federal law’s prohibition on the manufacture, distribution or possession of marijuana, or provide a defense to prosecution under federal law for such activities.

The provisions of Colorado House Bill J 043, if enacted, would permit under state law conduct that is contrary to federal law, and would threaten the ability of the United States government to regulate possession, manufacturing and trafficking in controlled substances, including marijuana. First, provisions of a proposed medical marijuana investment fund amendment to H.B. 1043, which ultimately did not pass in the Colorado House but which apparently may be reintroduced as an amendment in the Colorado Senate, appear to contemplate that the State of Colorado would license a marijuana investment fund or funds under which both Colorado and out-of-state investors would invest in commercial marijuana operations. The Department would consider civil and criminal legal remedies regarding those who invest in the production of marijuana, which is in violation of federal law, even if the investment is made in a state-licensed fund of the kind proposed.

Second, the terms of H.B. 1043 would authorize Colorado state licensing of “medical marijuana infused product” facilities with up to 500 marijuana plants, with the possibility of licensing even larger facilities, with no stated number limit, with a state-granted w.river based upon consideration of broad factors such as “business need.” Similarly, the Department would consider civil actions and criminal prosecution regarding those who set up marijuana growing facilities and dispensaries, as well as property owners, as they will be acting in violation of federal law.

As the Attorney General has repeatedly stated, the Department of Justice remains firmly committed to enforcing the federal law and the Controlled Substances Act in all states. Thus, if the provisions of H.B. 1043 are enacted and become law, the Department will continue to carefully consider all appropriate civil and criminal legal remedies to prevent manufacture and distribution of marijuana and other associated violations of federal law, including injunctive actions; civil penalties; criminal prosecution; and the forfeiture of any property used to facilitate a violation of federal law, including the Controlled Substances Act.

I hope this letter provides the clarification you have requested, and assists the State of Colorado and its potential licensees in making informed decisions regarding the cultivation, manufacture, and distribution of marijuana, as well as related financial transactions.

JOHN F. WALSH
United States Attorney
District of Colorado

[footnote 1] As passed by Colorado voters in 2000, Amendment 20 made lawful under Colorado law the possession by a patient or caregiver of patient of “[n]o more than two ounces of a useable form of marijuana or no more than six marijuana plants with three or fewer being mature, flowering plants producing a usable form of marijuana.” Colo. Const. art. XVIII, § 14(4)(a). Within these limits, the Amendment authorized a medical marijuana “affirmative defense” to state criminal prosecution for possession of marijuana. Colo. Const. art. XVIII, § 14(2)(a), (b).

By On the Net|2015-04-06T18:51:48-07:00May 4th, 2011|Colorado News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off

New Arizona Law can Shield Employers in Marijuana Lawsuits

Arizona Republic: “A new state law, signed by Gov. Jan Brewer on Friday, could shield some employers from lawsuits if they wish to fire workers who are under the influence of medical marijuana or prescription drugs on the job. Another provision in the law allows employers with a qualifying drug-testing policy to reassign or lay off workers who take such medications if they have a job with possible safety risks. The law, House Bill 2541, takes effect immediately.”

By On the Net|2011-05-04T06:38:06-07:00May 4th, 2011|Legal Issues, Stories & Articles|Comments Off

Will Humble & Other Arizona Medical Marijuana Law Pundits Bury Heads in Sand

After five U.S. Attorneys in recently issued letters stating the position of the Department of Justice is to prosecute people involved in growing and selling marijuana, local Arizona medical marijuana law pundits have dug deeper holes into which they have inserted their heads. Yesterday, Peter F. Neronha, the U.S. Attorney for Rhode Island hand delivered a letter to the Governor of Rhode Island that said he intends to prosecute the people involved in Rhode Island’s three medical marijuana dispensaries that are scheduled to open in June and July.

The U.S. Attorney also delivered his letter to the owners of the three yet-to-be opened Rhode Island medical marijuana dispensaries. In response to the letter, the Governor of Rhode Island, Lincoln D. Chafee, suspended the licensing of the state’s three prospective medical marijuana dispensaries. The text of the Governor’s press release follows:

“May 2, 2011

“Statement from Governor Lincoln D. Chafee Regarding Compassion Centers

“The United States Attorney for the District of Rhode Island delivered a letter to me on Friday afternoon which was copied to the Director of the Department of Health and the three Compassion Center applicants. That letter, as well as similar letters sent to officials in other states, clarified the Department of Justice’s position on medical marijuana. The Department of Justice previously indicated that it would not focus its limited resources on doctors and their sick patients who prescribe and use marijuana if such use was permitted by state law. This position was interpreted by some states as giving them latitude to authorize medical marijuana cultivation and distribution programs. Friday’s letter makes it clear that DOJ will now pursue certain commercial cultivation and distribution of medical marijuana, even if such cultivation and distribution is permitted by state law. Compassion centers, their owners, landlords, financiers and other operations “facilitators” are identified as potential targets of federal law enforcement activities.

“None of Rhode Island’s compassion center applicants have received a certificate of registration to date. In light of the United States Attorney’s articulated position on closing compassion centers, seizing proceeds and prosecuting business enterprises that market and sell medical marijuana, I have placed a hold on the State’s medical marijuana certificate of registration program. During this hiatus, I will be consulting with the governors of other states with similar medical marijuana programs, with federal officials and with the compassion center applicants themselves.”

Here in Arizona our medical marijuana law pundits said the following after Dennis Burke’s letter of May 2, 2011, in which he said it is a core priority of the Department of Justice to prosecute those who grow and sell marijuana unless they are patients or caregivers who strictly comply with Arizona’s medical marijuana laws.

“But attorney Jordan Rose, who has been advising those going into the business, said no one should be worried. She said nothing in Burke’s letter is markedly different than what has been said U.S. attorneys in other states with medical marijuana laws” – from “Arizona’s federal prosecutor issues warning over medical marijuana.”

Commenting on recent raids of dispensaries in California and Montana, Joe Yuhas said the “raids appear to be isolated. And Joe Yuhas, spokesman for the Arizona Medical Marijuana Association, said he doesn’t expect similar problems here” – from “Arizona’s federal prosecutor issues warning over medical marijuana.”

[Director of the Arizona Department of Health Services Will] “Humble said, he does not expect most dispensaries to wind up under federal scrutiny. ‘Really, it’s not about whether you’re in compliance with your state law but rather are you a large-scale actor who’s manufacturing, distributing, possessing, marketing in clear violation of the (federal) Controlled Substances Act,” he said. Humble said that’s borne out by reading a bit between the lines of what Burke did — and did not — write.” – from “Arizona’s federal prosecutor issues warning over medical marijuana.”

“US attorney issues warning over Ariz medical pot”

Will Humble said “I think it’s a pretty clear shot across the bow for applicants who intend to have large-scale cultivation facilities or a big dispensary . . . . ‘I believe the federal government ought to enforce their laws,” Gov. Jan Brewer said. ‘I have been calling on them to do that with regards to illegal immigration, and they have refused, so I guess that they pick and choose which ones they want to enforce’. . . . ‘I think the biggest impact the letter could have would be to cut down on the number of dispensary applications that we get, especially for people who have a lot to lose and people that were planning to have a business model that included large-scale cultivation or a large dispensary,’ he [Will Humble] said. “Because it makes it clear that even if they were in total compliance with our rules … they could go to the pokey.”

“Arizona’s federal prosecutor issues warning over medical marijuana”

“Potentially more significant, Burke had special words of caution to those who are in the business of growing marijuana even if they have a cultivation license from the state. And he said even those on the periphery, including property owners, landlords and organizations which finance dispensaries, risk not just federal criminal prosecution but also having the assets seized.”

“U.S. Attorney in R.I. threatens to prosecute pot dispensaries“

“U.S. Attorney Peter F. Neronha Friday threatened to prosecute civilly and/or criminally those involved in Rhode Island’s three planned medical marijuana dispensaries — from the organizations that would run them to the landlords who rent them floor space. The threat was contained in a letter hand-delivered to Governor Chafee’s office in the morning and also sent Friday to the would-be proprietors of the dispensaries.”

“Chafee puts hold on RI medical-pot centers”

“on Sunday, in an interview with The Providence Journal, the U.S. Attorney said he hoped the dispensaries don’t open because he considers them to be large-scale for-profit cannabis production centers that are against federal law.”

“Chafee puts hold on medical marijuana centers“

“Gov. Lincoln D. Chafee said Monday he has put a hold on the state’s medical marijuana certificate of registration program after receiving notice that it could violate federal law.”

“Neronha says ‘compassion centers’ violate federal law“

“U.S. Attorney Peter F. Neronha said Sunday that he hopes that Rhode Island’s three state-approved medical-marijuana dispensaries don’t open and that if they do, “I might have to take some action” against them in court to prevent cultivation and distribution of the cannabis. ‘I don’t think it would be a wise move’ for them to start cultivating large amounts of marijuana, or selling it, Neronha said in a telephone interview. . . . Neronha says he considers the planned dispensaries, which some call “compassion centers,” large-scale, for-profit cannabis production businesses that are against federal law. . . . Neronha said it has never been his intention to prosecute the ‘small-time caregivers’ who are growing small amounts of marijuana for ill people. . . . But medical-marijuana dispensaries are a different story, he said.”

“U.S. attorney says medical-marijuana centers violate federal law“

“‘The Department of Justice maintains the authority to enforce [federal law] vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law,’ Neronha wrote. ‘The [state law], the registration scheme it purports to authorize and the anticipated operation of the three centers appear to permit large-scale marijuana cultivation and distribution. The Department of Justice could consider civil and criminal legal remedies against those individuals and entities who set up marijuana-growing facilities and dispensaries’ . . . .”

By On the Net|2017-10-07T09:54:50-07:00May 3rd, 2011|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles, Will Humble Speaks|Comments Off

U.S. Attorney Dennis Burke’s Buzz-Kill on Medical Marijuana: Feds to Act Against “Large” Grow Operations — But Won’t Define “Large”

Phoenix New Times: “Burke compounds the schizophrenic stance by stating that federal law “may be vigorously enforced against those individuals and entities who operate large marijuana production facilities. Individuals and organizations — including property owners, landlords and financiers” face legal problems including seizure of their property and other assets. Problem is, Burke gives no definition of ‘large.’ . . . Rather than simply make a decision, Obama’s Justice Department chooses to play games with people’s lives — and money. Go ahead, the feds say, invest your hundreds of thousands of dollars in a medical weed-related business. Maybe you’ll be a millionaire, or maybe you’ll end up serving a few years behind bars. But whether you’ll get the prize or prison will be based on a whim. Your operation may be too ‘large,’ while someone else’s may be just right. . . . drug cartel kingpins probably can’t wait for the feds to target state-approved pot suppliers.”

By On the Net|2012-05-12T15:23:02-07:00May 3rd, 2011|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|1 Comment

Arizona’s U.S. Attorney Notifies Will Humble & Arizona Department of Health Services that Compliance with Arizona’s Medical Marijuana Law Does not Offer Protection from Federal Criminal Laws

Today, May 2, 2011, the United States Attorney for Arizona, Dennis Burke, sent a letter to Arizona Department of Health Services Director Will Humble that notified him and the would-be Arizona medical marijuana industry that compliance with Arizona’s recently enacted medical marijuana laws and the DHS rules implementing the laws is not a defense to prosecution for violating U.S. criminal laws involving marijuana. Here are the main points contained in the letter:

May 2, 2011

Will Humble
Director
Arizona Department of Health Services
150 N. 18th Avenue
Phoenix, Arizona 85007

Re: Arizona Medical Marijuana Program

Dear Mr. Humble:

I understand that on April 13, 2011, the Arizona Department of Health Services filed rules implementing the Arizona Medical Marijuana Act (AMMA), passed by Arizona voters on November 2, 2010. The Department of Health Services rules create a regulatory scheme for the distribution of marijuana for medical use, including a system for approving, renewing, and revoking registration for qualifying patients, care givers, nonprofit dispensaries, and dispensary agents. I am writing this letter in response to numerous inquiries and to ensure there is no confusion regarding the Department of Justice’s view of such a regulatory scheme.

The Department has advised consistently that Congress has determined that marijuana is a controlled substance, placing it in Schedule I of the Controlled Substances Act (CSA). That means growing, distributing, and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws that purport to pennit such activities. As has been the case for decades, the prosecution of individuals and organizations involved in the trade of illegal drugs and the disruption of illegal drug manufacturing and trafficking networks, is a core priority of the Department of Justice. The United States Attomey’s Office for the District of Arizona (“the USAO”) will continue to vigorously prosecute individuals and organizations that participate in unlawful manufacturing, distribution and marketing activity involving marijuana, even if such activities are permitted under state law.

An October, 2009, memorandum from then-Deputy Attomey General Ogden provided guidance that, in districts where a state had enacted medical marijuana programs, USAOs ought not focus their limited resources on those seriously ill individuals who use marijuana as part of a medically recommended treatment regimen and are in clear and unambiguous compliance with such state laws. And, as has been our policy, this USAO will continue to follow that guidance. The public should understand, however, that even clear and unambiguous compliance with AMMA does not render possession or distribution of marijuana lawful under federal statute.

Moreover, the CSA may be vigorously enforced against those individuals and entities who operate large marijuana production facilities. Individuals and organizations- including property owners, landlords, and financiers -that knowingly facilitate the actions of traffickers also should know that compliance with AMMA will not protect them from federal criminal prosecution, asset forfeiture and other civil penalties. This compliance with Arizona laws and regulations does not provide a safe harbor, nor immunity fromfederal prosecution.

The USAO also has received inquiries about our approach to AMMA in Indian Country, which comprises nearly one third of the land and five percent of the population of Arizona, and in which state law -including AMMA- is largely inapplicable. The USAO currently has exclusive felony jurisdiction over drug trafficking offenses in Indian Country. Individuals or organizations that grow, distribute or possess marijuana on federal or tribal lands will do so in violation of federal law, and may be subject to federal prosecution, no matter what the quantity of marijuana. The USAO will continue to evaluate marijuana prosecutions in Indian Country and on federal lands on a case-by-case basis. Individuals possessing or trafficking marijuana in Indian Country also may be subject to tribal penalties. I hope that this letter assists the Department of Health Services and potential registrants in making informed choices regarding the possession, cultivation, manufacturing, and distribution of medical marijuana.

Sincerely,

DENNIS K. BURKE
United States Attorney
District of Arizona

Will Humble’s first public response to Mr. Burke’s warning shot across the bow of prospective Arizona medical marijuana dispensaries was to recite portions of Dennis Burke’s letter and to warn:

“The bottom line take-home message in today’s letter is that federal enforcement priorities in Arizona will continue to focus on folks that manufacture, distribute, possess and market marijuana despite the passage of the AZ Medical Marijuana Act- and that folks that operate large cultivation facilities or dispensaries (including property owners, landlords, and financiers) will be at risk for federal prosecution and asset forfeiture even if they’re in compliance with Arizona law and the rules that we published a couple of weeks ago.”

I expected Dennis Burke’s letter to say what it said. He merely reiterated the position of the United States Attorney General as set forth in recent letters from the U.S. Attorneys for the Northern District of California, the Eastern District of Washington and the Western District of Washington. See

“Burke: No safe harbor in Arizona on federal pot laws“

“U.S. Attorney Will Prosecute Dispensary Owners, Landlords who Rent to Dispensaries & State Employees Involved in State Medical Marijuana Laws”

“Washington Legislature Passes New Medical-marijuana Law, Governor Threatens Veto“

“WA US Attorney Says Marijuana Dispensaries / Stores Violate Federal Law”

“Director of Arizona Department of Health Services Not Worried About Being Charged with Violating Federal Marijuana Criminal Laws“

By On the Net|2015-04-06T18:51:47-07:00May 2nd, 2011|Federal Dispensary Attacks, Legal Issues, Marijuana Crimes, Stories & Articles, Will Humble Speaks|Comments Off

Washington Legislators ask State AG’s Opinion on Vetoed Medical Marijuana Bill

Kitsap Sun: “Fifteen Democratic legislators are asking Washington Attorney General Rob McKenna for a legal opinion on whether state employees should fear federal law enforcement officers if a vetoed section of a medical marijuana bill is revived. . . . The legislators’ letter asks McKenna for his office’s opinion on whether the bill’s vetoed portion would have put state employees at risk of federal arrest”

By On the Net|2017-02-12T07:38:38-07:00May 2nd, 2011|Marijuana Crimes, Stories & Articles|Comments Off

Arizona Medical Pot Law no Shield for Users, Growers, Prosecutor Says

Arizona Republic: “Arizona’s top federal prosecutor launched a pre-emptive strike against the state’s medical-marijuana industry Monday, warning prospective pot growers and sellers that they could be prosecuted under federal drug-trafficking laws. U.S. Attorney Dennis Burke, joining a growing chorus of federal law officers across the country, said his office will abide by a 2009 Justice Department memo that discourages prosecution of medical-marijuana users. But he said anyone who possesses or distributes marijuana is still violating federal law. And he singled out large operations.”

The story said that Arizona Governor Jan Brewer does not intend to stop the implementation of Arizona’s medical marijuana laws. Maricopa County Attorney William Montgomery said this about Dennis Burke’s letter:

“I think this is the end of the medical-marijuana movement. You can’t do a wink and a nod toward unlawful conduct and not have a consequence.”

Read the story. It contains more stupid statements made by Arizona medical marijuana law pundits about the significance of Dennis Burke’s letter. The story also says:

“Rep. John Kavanagh, R-Fountain Hills, said Burke’s letter is reason enough for Humble to stop issuing marijuana cards and halt plans for granting dispensary permits. ‘I hope he doesn’t think the Legislature is going to bail him out if he facilitates the distribution of marijuana,’ Kavanagh said. ‘The federal government has told him that this is an illegal operation. I don’t think they have to do the math for him’.”

By On the Net|2012-05-12T15:23:25-07:00May 2nd, 2011|Federal Dispensary Attacks, Legal Issues, Marijuana Crimes, Stories & Articles|Comments Off

Alan Sobol Alleges Government Corruption

Alan Sobol of the Arizona Association of Dispensary Professionals posted an article on his website in which he alleges that certain groups are controlling the issuance of licenses to operate an Arizona medical marijuana dispensary. He said “The fix is in.”

By On the Net|2015-04-06T18:51:47-07:00May 1st, 2011|Stories & Articles|Comments Off

Medical-marijuana Zoning Rules Pinch Dispensaries

Arizona Republic: “Because of restrictive zoning rules, most medical-marijuana sites will be situated in industrial areas, far from prying eyes, foot traffic and passing cars. Cities made every effort to create distance between the marijuana operations and homes, schools, churches, parks and other similar facilities. As a result, even though medical-marijuana locations are allowed in zoning categories that cover most shopping areas, the distancing rules pose a serious hurdle.”

This story has an interesting table that summarizes the zoning applications in several large Arizona cities.

By On the Net|2011-05-01T07:35:42-07:00May 1st, 2011|Zoning|Comments Off

Medical-pot Panelists Grilled over Dispensary-approval Rules

Arizona Republic: “As aspiring medical-marijuana growers and sellers prepare to submit their applications to open up shop in Arizona, questions and concerns remain about the state’s approval process. A panel discussion, sponsored by professional organization Valley Partnership and held at the Phoenix Country Club, allowed prospective marijuana dispensers and others to get a better idea of what state health officials will be looking for, and how the process will proceed after June 1, when the Arizona Department of Health Services begins accepting applications for up to 126 dispensary licenses.”

The Arizona Republic story contains some inaccuracies that Director Will Humble corrected in a blog post today.

By On the Net|2011-05-01T16:24:49-07:00May 1st, 2011|Stories & Articles|Comments Off