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The author of this article is Richard Keyt, an Arizona business law attorney who is the creator of this Arizona medical marijuana law website. Connect with Richard at 480-664-7478 or on Google+

Arizona Could Be First To OK Marijuana For Depression, Anxiety

Modern Times Magazine:  “Arizona would become the first state in the U.S. to approve marijuana use for depression and anxiety if petitions requesting the addition of the conditions are approved later this summer, according to Will Humble, director of the Arizona Department of Health Services. . . . Humble posted Friday afternoon that a public hearing would be begin at 1 p.m., May 25, in the State Lab,  250 N. 17th Avenue, Phoenix. The public hearing is the next stage for the four petitions requesting that four conditions be added the list of debilitating conditions that were passed by voters by way of Prop. 203 in Nov. 2010.”

By |2012-04-22T10:03:17-07:00April 22nd, 2012|Stories & Articles|Comments Off on Arizona Could Be First To OK Marijuana For Depression, Anxiety

ADHS Considering Adding 4 New Conditions for Medical Marijuana

On April 20, 2012, Will Humble, Director of the Arizona Department of Health Services, wrote on his blog:

“The voter approved language in the AZ Medical Marijuana Act directs us to periodically accept and evaluate petitions to add new debilitating medical conditions.  We’ve made it through the first phase of considering whether to add 4 new debilitating conditions… 1) Post Traumatic Stress Disorder; 2) Generalized Anxiety Disorder; 3) Migraines; and 4) Depression. You’ll be able to give us your thoughts about these four conditions at a public hearing next month (May 25th from 1 – 4 p.m. at our State Lab).  You can read the information we already have about these four starting next week.

If we decide to add PTSD or any other debilitating conditions, we want to make sure we’re on solid medical ground.  I’m heading down to a conference in Tucson next weekend where physicians can get Continuing Medical Education credits for learning about medical cannabis.”

By |2019-06-14T08:25:48-07:00April 21st, 2012|Stories & Articles, Will Humble Speaks|Comments Off on ADHS Considering Adding 4 New Conditions for Medical Marijuana

Lynching Charlie Lynch, a Medical Marijuana Martyr

Reason.tv:  “Should Charlie Lynch spend the rest of his life in jail, or even a single day, for operating a legal medical marijuana dispensary?  The sentencing of Morro Bay, California medical marijuana dispensary owner Charles Lynch has been delayed yet again, this time until June 11. According to Reason.tv producer Ted Balaker, who has followed the Lynch saga from its start, the mood in the courtroom was guardedly optimistic, especially as Judge George H. Wu openly expressed his sympathy for Lynch. “To be blunt, if I could find a way out, I would,” said Wu, referring to mandatory minimum sentencing guidelines that insist Lynch get at least five years in prison. However, Wu summarily dismissed the notion of disregarding the guidelines, claiming it would simply be a “monumental waste of time” because such a decision would be overruled by a higher court. Reason.tv will post a video of today’s proceedings soon. In the meantime, you can follow the case at Lynch’s website, online here.”

By |2012-04-21T07:06:51-07:00April 21st, 2012|Marijuana Crimes, Stories & Articles, Video|Comments Off on Lynching Charlie Lynch, a Medical Marijuana Martyr

Arizona Cannabis Society Raided by Phoenix Police

Phoenix New Times:  “Arizona Cannabis Society, a medical-marijuana caregiver collective featured prominently in a March New Times blog post, was raided today by Phoenix police.  Founder Bill Hayes is still being detained, cops say. . . . After a month and a half of undercover work, police served search warrants on three locations related to AZCS. At one location, nearly 900 pot plants were found — yet not a single person involved was a qualified caregiver, [Phoenix Police Sergeant Trent] Crump says. . . . Crump says, evidence turned up that the club was not operating as a non-profit, as Arizona law requires of a medical-marijuana dispensary. . . . In February, Hayes filed a lawsuit against Arizona in federal court in the hopes of changing part of the 2010 medical-pot law. The law allows qualified patients and caregivers to grow pot — but not if they live within 25 miles of an open dispensary. Hayes wants to patients to be allowed to grow pot regardless of nearby dispensaries. . . . Crump says police intend to submit criminal charges against one or more people connected to the Arizona Cannabis Society. . . . See the slideshow [Phoenix New Times] published last month about the AZCS by clicking here.”

By |2017-02-12T07:38:05-07:00April 18th, 2012|Cannabis Clubs, Marijuana Crimes, Stories & Articles|Comments Off on Arizona Cannabis Society Raided by Phoenix Police

Prospective Pot Dispensary Seeks Relief on Glendale Ordinance

Arizona Republic:  “A [prospective] medical marijuana dispensary  [Advanced Pain Solutions ] is seeking Glendale’s OK to locate closer to a school and a residential zone than allowed under city ordinance. . . . Under the city’s ordinance, dispensaries must be 500 feet from a residential zone and 1,320 feet or quarter of a mile from a school. Toris said the applicant is seeking variances, allowing it to be 425 feet from a residential zone and 1,263 feet from a school, North Pointe Preparatory, 10215 N. 43rd Ave.”

By |2012-08-18T09:36:50-07:00April 16th, 2012|Stories & Articles, Zoning|Comments Off on Prospective Pot Dispensary Seeks Relief on Glendale Ordinance

Recent Comments from Will Humble

Arizona Republic:  “He said the ‘gold rush’ for medical-marijuana dispensary  licenses died down in the past year after litigation tied the program up.  ‘I just don’t sense the same land-rush type of attitude  that we had a year ago,’ Humble said. ‘I don’t think we’ll be overwhelmed with  applications’.”

Phoenix Business Journal:   “’Had we gone forward in 2011 with the dispensary applications, I think we would have had hundreds of applications.’ . . . he expects that the most that will be awarded is 110 dispensary licenses.”

By |2015-04-18T20:00:39-07:00April 12th, 2012|Stories & Articles, Will Humble Speaks|Comments Off on Recent Comments from Will Humble

Chino Valley Mulls Medical Marijuana Ordinance

Chino Valley Review:  “While currently no applications for medical marijuana dispensaries or cultivation centers are pending for Chino Valley, the town Planning and Zoning Commission is attempting to stay ahead of the curve by presenting to the town council recommendations for local regulation of these type of businesses.”

By |2017-02-12T07:38:05-07:00April 12th, 2012|Stories & Articles, Zoning|Comments Off on Chino Valley Mulls Medical Marijuana Ordinance

ADHS’ Application for a Medical Marijuana Dispensary License

Here are the important dates for people who want to submit an application to the Arizona Department of Health Services to obtain an Arizona medical marijuana Dispensary Registration Certificate (the first hurdle to get a dispensary license)

May 14, 2012 – First day to submit applications for a Dispensary Registration Certificate. ADHS will refuse any applications submitted before this date.

May 25, 2012, 5:00 pm – No applications for a Dispensary Registration Certificate will be accepted after this date and time.

June 25, 2012 – ADHS finishes reviewing all applications.

July 16, 2012 – Last day for applicants who submitted defective applications to correct all defects.

August 7, 2012 – ADHS announces winners applicants awarded Dispensary Registration Certificates.

The good news is that the application is very short and simple.  If your would be dispensary has done all of its homework (per my instructions in “Checklist for Opening an Arizona Medical Marijuana Dispensary“) and is ready to actually prepare and file the application for a DRC, you will find it to be a piece of cake.

Here are the DRC application documents that every prospective Arizona medical marijuana dispensary must use:

1.  Dispensary Registration Certificate Application Checklist:  Make sure that your applicant has satisfied all of the items set forth in this document.

2.  Dispensary Registration Certificate Application Instructions:  Follow these instructions when completing the DRC Application.

3.  Dispensary Registration Certificate Application:  The actual application.  Make sure to take a duplicate to the Arizona Department of Health Services when you file the original and ask ADHS to stamp its received stamp on the duplicate.  Keep the stamped duplicate in the applicant’s file.

See the ADHS Dispensary Registration Certificate Process flow chart.

Two items to note:

1.  When you submit your DRC Application, you must include a copy of the applicant’s Bylaws drafted to comply with the Arizona Medical Marijuana Act and the final ADHS rules.  To learn more about this important document read “Bylaws – We Don’t Need No Stinking Bylaws or Do We?” and “Bylaws for Arizona Medical Marijuana Dispensaries.”

2.  The Application must contain the name of the applicant’s Medical Director.  Before you submit the name of a Medical Director you should have a signed contract between the Medical Director and applicant.  The application could be put at risk if the Medical Director were to notify ADHS that he/she ceased to be the Medical Director.  Do not rely on an oral commitment to be a Medical Director.  Read “Clauses to Include in a Contract between a Medical Director & a Dispensary” and ““Why Every Arizona Medical Marijuana Dispensary Must Hire a Primary & an Alternate Medical Director.”

By |2012-05-13T16:13:35-07:00April 11th, 2012|Stories & Articles|Comments Off on ADHS’ Application for a Medical Marijuana Dispensary License

Final Arizona Medical Marijuana Rules Approved & DHS Announces Dispensary Applications will be Accepted May 14th – 25th

The following was posted on Arizona Department of Health Services Director Will Humble’s blog on April 11, 2012:

The tumblers have clicked, and the race to apply for a dispensary is on.  Our revised rules for regulating Medical Marijuana were filed and became official today- and we’ll be accepting applications for Medical Marijuana Dispensary Registration Certificates from May 14 through May 25.

The unofficial rules incorporate the changes that were required by a recent Superior Court Ruling.  The judge ordered us: 1) to strike several of the selection criteria we had been planning to use for competitive areas of the state (areas where there will be more than 1 applicant per Community Health Analysis Area); and 2) to implement the law-  which is what we’re doing.

You can check out our Registration Certificate Application Checklist, Registration Certificate Application Instructions, and the official Registration Certificate Application on our Medical Marijuana Dispensary webpage.  Please don’t try to apply early- the first day we’ll actually accept applications will be May 14.   Starting May 14th, every day or so, we’ll refresh our dispensary application page to show how many applications we’ve received by Community Health Analysis Area (CHAA).

We’ll start reviewing applications as they come in (starting on May 14) and we’ll stop taking applications at the close of business (5 p.m.) on May 25.  We’ll have 30 working days to review the applications- and applicants will have 20 working days to submit any documents or information that were missing during our review of the application.  We expect to award Medical Marijuana Dispensary Registration Certificates on August 7.  If there’s only 1 qualified applicant in a CHAA, that applicant will be awarded a Registration Certificate.  We’ll be holding a random drawing in early August to award Registration Certificates in CHAAs with more than 1 qualified applicant.

Please visit our Medical Marijuana website if you have any further questions.  The materials that you’ll need to apply are all posted on-line- including the Application Checklist, Application Instructions, and the official Medical Marijuana Dispensary Registration Certificate Application

By |2012-04-11T20:54:34-07:00April 11th, 2012|Stories & Articles, Will Humble Speaks|Comments Off on Final Arizona Medical Marijuana Rules Approved & DHS Announces Dispensary Applications will be Accepted May 14th – 25th

AZDHS Accepts Element’s Petition for PTSD Inclusion for Medical Marijuana Therapy

The following is the text of an April 6, 2012, press release from Ingrid Joiya of Elements Caregiver Collective:

“The Arizona Department of Health Services has confirmed that the petition to add Post Traumatic Stress Disorder (PTSD) as a debilitating illness has met the state’s requirements. Elements Caregiver Collective in concert with Compassion First Collective and Southwest Arizona Patient Alliance (SWAPA) presented the petition in January.

Most often associated with veterans who have been in active combat, PTSD can affect anyone who has suffered through a traumatic event. One in five veterans returning from Iran and Afghanistan are affected by PTSD.

Upon hearing the announcement, disability advocate and PTSD patient, Butch Williams said: “This is a great victory for those of us who suffer from this debilitating disorder. Now we can sleep, without fear of a terrifying nightmare, or constantly having to re-live the tragic event that had occurred in our life. This medicine will allow us to reset our thoughts, and understand how to get past what has happened to us. For those that suffer from PTSD, they know that controlling the anxiety and the thoughts that are constantly running through our head is exhausting to say the least; and medical marijuana allows for the anxiety to go away so we can take control of our thoughts.”

“Hopefully Arizona can become a national model for other states to consider adding this diagnosis to their medical Marijuana programs just as New Mexico has also successfully done.” Says Dr. Sue Sisley, Asst. Professor, Arizona Telemedicine Program, U of A College of Medicine. Dr. Sisley awaits DEA approval of her FDA-approved clinical study on the effects of medical marijuana on Veterans suffering from PTSD. In the meantime, the co-sponsors of the petition will work with Dr. Sisley as she conducts observational studies to collect data on these PTSD patients.

There will be a public hearing where DHS will accept public comment

May 25, 2012 from 1:00 – 4:00 p.m.
State Laboratory Conference Room
250 N. 17th Avenue, Phoenix, AZ 85007

Elements Caregiver Collective will be hosting a Patient Appreciation Fair on April 15th, celebrating the first anniversary since the Department of Health Services began accepting applications. The fair will be held from 12-4:15 p.m. at Elements, 12620 N. Cave Creek Rd., Suite 1, Phoenix, AZ 85022. All patients and caregivers are welcome to share in the festivities. Free food, educational seminars and free meds will be distributed. Free registration at www.elementsaz.org

 

By |2012-04-07T07:39:36-07:00April 7th, 2012|Stories & Articles|Comments Off on AZDHS Accepts Element’s Petition for PTSD Inclusion for Medical Marijuana Therapy

Founder of Oaksterdam University Quits Citing Financial Woes after Federal Raid

Fox News:  Richard Lee “The founder of a Northern California medical  marijuana training school said Friday he was giving up his downtown  Oakland-based pot businesses after a federal raid bankrupted him. . . . Oaksterdam University offers classes to would-be medical marijuana providers in  fields ranging from horticulture to business to the legal ins-and-outs of  running a dispensary. It does not distribute marijuana.”

By |2012-04-07T07:26:56-07:00April 7th, 2012|California News|Comments Off on Founder of Oaksterdam University Quits Citing Financial Woes after Federal Raid

State Busts Myrtletown, California Medical Marijuana Dispensary

Times-Standard:  “According to the Humboldt County District Attorney’s Office, DA investigators were assisting the state DOJ in serving search warrants at The Humboldt County Collective, better known as THC, located in the Myrtletown Shopping Center.

By |2012-04-07T07:22:54-07:00April 7th, 2012|California News, Marijuana Crimes|Comments Off on State Busts Myrtletown, California Medical Marijuana Dispensary

Feds Raid Marijuana ‘University’ in Oakland

Press TV:  “An Oakland medical marijuana training facility, which billed itself as the nation’s only marijuana university, was raided by federal agents on Monday morning, leaving the building swarming with law enforcement and taped off from all visitors.     It’s not yet clear what the specific charges are, but it’s probably unsurprising that the country’s largest operation training medical marijuana professionals would be targeted by federal law enforcement.     Reports from local media noted that agents were seen walking from Oaksterdam University with large bags overflowing with marijuana.”

Read also “Feds Raid Oakland’s Oaksterdam,” which starts:

“Monday’s raid was the latest move by the federal government to crack down on California’s thriving medical marijuana industry.”

By |2015-04-06T18:53:12-07:00April 3rd, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes|Comments Off on Feds Raid Marijuana ‘University’ in Oakland

U.S. Attorney May Target Grows with Future Closure Letters

Denver West  Word Blogs:  “On Friday, the U.S. Attorney’s Office announced that it had sent another 25 seizure-threat letters to medical marijuana dispensaries within 1,000 feet of schools; see details in our original coverage below. However, some language in the letters differed from the first mailing in January. Now, a spokesman for U.S. Attorney John Walsh confirms one implication of such tweaks: MMJ grows near schools may be targeted next time around. . . . recipients still have 45 days to shut down operations or face the seizure of their property.”

By |2012-04-01T08:11:49-07:00April 1st, 2012|Federal Dispensary Attacks, Marijuana Crimes|Comments Off on U.S. Attorney May Target Grows with Future Closure Letters

Vallejo Medical Marijuana Dispensary Raided for Second Time

Times-Herald:  “For the second time in 30 days, a local marijuana dispensary was raided Friday afternoon.  At about 4:25 p.m., Vallejo police officers served search and arrest warrants at Better Health Group, 3611 Sonoma Blvd., police said.”

By |2015-04-06T18:53:11-07:00April 1st, 2012|California News, Marijuana Crimes, Stories & Articles|Comments Off on Vallejo Medical Marijuana Dispensary Raided for Second Time

Arizona Legislature Passes Ban on Medical Marijuana on College Campuses

East Valley Tribune: “The ability of faculty and students to use medical marijuana on college and university campuses is now in the hands of Gov. Jan Brewer.  And it may end up in court.  With only two dissenting votes, the Senate on Wednesday approved legislation to ban possession and use of the drug, even by people who have a state-issued card entitling them to use it for medical purposes, on college campuses. The House already gave its blessing to HB 2349 on a 52-2 margin.”

HB 2349 prohibits the use or possession of medical marijuana on Arizona college, high school, junior high school, middle school, common school and preschool campuses and Arizona child care facilities.  Read the text of HB 2349.

By |2012-03-29T07:03:38-07:00March 29th, 2012|AZ Legislation, Stories & Articles|Comments Off on Arizona Legislature Passes Ban on Medical Marijuana on College Campuses

Arizona House Bill 2349

On March 28, 2012, the Arizona Senate approved HB 2349, which had previously been approved by the Arizona House.  The bill now goes to the Arizona Governor for her signature or veto.  HB 2349 prohibits the use or possession of medical marijuana on Arizona college, high school, junior high school, middle school, common school and preschool campuses and Arizona child care facilities.

HOUSE BILL 2349
an Act

amending Title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-108; amending Title 36, chapter 7.1, article 1, Arizona Revised Statutes, by adding section 36-894; relating to medical marijuana.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-108, to read:

15-108. Medical marijuana; school campuses; prohibition; definition

A. In addition to the limitations prescribed in section 36-2802, subsection B, a person, including a cardholder as defined in section 36‑2801, may not lawfully possess or use marijuana on the campus of any public university, college, community college or post secondary educational institution.

B. A person may not lawfully possess or use marijuana on the campus of any high school, junior high school, middle school, common school or preschool in this state.

Sec. 2. Title 36, chapter 7.1, article 1, Arizona Revised Statutes, is amended by adding section 36-894, to read:

36-894. Medical marijuana; child care facilities; prohibition

A person, including a cardholder as defined in section 36‑2801, may not lawfully possess or use marijuana in any child care facility in this state.

Sec. 3. Severability

If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Sec. 4. Requirements for enactment; three-fourths vote

Pursuant to article IV, part 1, section 1, Constitution of Arizona, sections 15‑108, subsection A and 36-894, Arizona Revised Statutes, as added by this act, are effective only on the affirmative vote of at least three‑fourths of the members of each house of the legislature.

By |2012-03-29T07:03:12-07:00March 29th, 2012|AZ Legislation, Stories & Articles|Comments Off on Arizona House Bill 2349

Alan Sobol Accuses Arizona Governor, Phoenix Police Department & Elected Officials of Abusing Power

KPHO 5:  “Strong allegations have been made against Gov. Jan Brewer, the Phoenix Police Department and other elected officials, who may have played a role in the raid of a medical marijuana club.  The 2811 Club in Phoenix was raided on Oct. 12, 2011. . . . Five months later, the club is fighting back by filing a $5 million notice of claim that accuses elected officials of abusing their authority.  Allan Sobol is the developer and promoter of Club 2811 and the man behind the potential lawsuit.”

 

By |2019-06-14T08:25:47-07:00March 28th, 2012|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Alan Sobol Accuses Arizona Governor, Phoenix Police Department & Elected Officials of Abusing Power

Medical Marijuana Odds Get Higher in CT, but Anxiety Grows in NJ

13 WNET:  “What stands between terminally ill patients and the medical marijuana that could ease their pain in New Jersey is not the law, but Not-in-My-Backyard (NIMBY) backlash against dispensaries.  NIMBY battles have stalled New Jersey’s medical marijuana program ever since Gov. Chris Christie tried to move forward with plans to implement dispensaries last summer. Last week, a CEO of one of the dispensary companies said that bureaucratic sluggishness in response to the battles has cost him too much money, and he’s threatening to pull out of the business.”

By |2012-03-27T07:07:25-07:00March 27th, 2012|Stories & Articles|Comments Off on Medical Marijuana Odds Get Higher in CT, but Anxiety Grows in NJ

Delay of AMMA Creates Problem

Yuma Sun:  “A public policy advocate in Yuma is warning Arizonans about the rising threat of unregulated home-grown marijuana cultivation and the potential problems awaiting marijuana dispensaries if the state Legislature fails to change its licensing requirements.”

By |2015-04-06T18:53:11-07:00March 25th, 2012|Stories & Articles|Comments Off on Delay of AMMA Creates Problem

The Role of the Physician in Arizona’s Medical Marijuana Program

Will Humble, the Director of the Arizona Department of Health Services, published a February 17, 2012, Powerpoint presentation for Arizona doctors involved in writing recommendations for Arizona medical marijuana patients.  The objectives of the slide show are:

  • Identify the 3 roles a physician can have in the Arizona Medical Marijuana Program
  • List 3 risks of marijuana use
  • Identify 3 conditions that make patients eligible for the medical marijuana act
  • List 2 duties of a dispensary medical director
  • Identify 1 action that can get physicians reported to their board
By |2012-03-25T07:28:19-07:00March 24th, 2012|Stories & Articles, Will Humble Speaks|Comments Off on The Role of the Physician in Arizona’s Medical Marijuana Program

Will Humble, AZ DHS Director, Not Worried About Running Medical-Pot Program Despite New Federal WarningWill Humble, AZ DHS Director, Not Worried About Running Medical-Pot Program Despite New Federal Warning

Phoenix New Times:  “If the feds decide to pull up their jackboots and bust state employees for administering Arizona’s medical-marijuana program, the director of the state Department of Health Services could be a target.  After all, Will Humble is the boss at DHS, the state agency that will be approving applications for dispensaries and inspecting marijuana grow-shops and inventory.  But Humble says he’s not worried — despite a February 16 letter by Arizona U.S. Attorney Ann Scheel warning that state employees aren’t ‘immune’ from prosecution under federal drug laws.”

Read Governor Brewer’s January 13, 2012, letter to U.S. Attorney for the District of Arizona Ann Scheel.

Scheel Response to Governor Brewer

By |2012-03-22T08:44:51-07:00March 22nd, 2012|Federal Dispensary Attacks, Stories & Articles|Comments Off on Will Humble, AZ DHS Director, Not Worried About Running Medical-Pot Program Despite New Federal WarningWill Humble, AZ DHS Director, Not Worried About Running Medical-Pot Program Despite New Federal Warning

Arizona Governor Jan Brewer Unfazed by Fed’s Medical Pot Warning

Associated Press:  “The federal government reiterated to Arizona that it will prosecute state workers for implementing the medical-marijuana program. . . . The governor will not change course and will allow the state’s medical marijuana program to move forward, Brewer spokesman Matt Benson told The Arizona Republic.”

By |2012-03-21T18:59:56-07:00March 21st, 2012|Stories & Articles|Comments Off on Arizona Governor Jan Brewer Unfazed by Fed’s Medical Pot Warning

Feds Again Warn Arizona on Medical Marijuana

Azcentral.com:  “The U.S. Department of Justice has reiterated its warning that state employees are subject to federal prosecution for implementing the state’s medical-marijuana program. . . . In a Feb. 16 letter, Acting U.S. Attorney Ann Birmingham Scheel wrote to Gov. Jan Brewer that her office will continue to ‘vigorously enforce’ federal laws against those who ‘operate and facilitate large marijuana production facilities and marijuana production facilities involved in the cultivation, sale and distribution of marijuana, even if purportedly for medical purposes.’  Scheel said that state employees who participate in the Arizona Medical Marijuana Act ‘are not immune from liability’ “

By |2012-05-12T14:38:20-07:00March 20th, 2012|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off on Feds Again Warn Arizona on Medical Marijuana

Gunmen Invade Tucson Pot-growing House

Arizona Daily Star:  “Three gunmen burst into Tucson home where marijuana is legally grown Sunday, making off with several thousand dollars and pot, officials said.”

By |2012-03-20T06:37:12-07:00March 20th, 2012|Stories & Articles|Comments Off on Gunmen Invade Tucson Pot-growing House

DEA, Police Raid Upland, California Marijuana Dispensary

Toke of the Town:  “The Drug Enforcement Administration at 9:30 on Monday morning served a search warrant at G3 Holistic, Inc., a medical marijuana dispensary that has been at odds with the city of Upland, California for a couple of years. . . . Upland’s zoning ordinance prohibits medical marijuana dispensaries.”

By |2012-05-12T14:38:32-07:00March 13th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off on DEA, Police Raid Upland, California Marijuana Dispensary

People Experienced with Internal Revenue Code Section 280E

Entities that actually obtain a dispensary registration certificate from the Arizona Department of Health Services will be required to file federal income tax returns that are substantially different than tax returns of other businesses.  Medical marijuana dispensaries must keep financial books in a way that will assist the dispensaries’ CPAs in preparing the federal and state income tax returns.  A particularly troublesome issue arises from Internal Revenue Code Section 280E that prohibits deductions for expenses paid or incurred in connection with trafficking in marijuana.

Dispensaries should hire an accountant and tax advisor who have experience representing and advising medical marijuana dispensaries.  They should not pay an inexperienced person to learn on the job.  Here are two people who have experience dealing with the federal income tax treatment of medical marijuana dispensaries.

  • Henry (Hank) Levy, CPA/ABV, is the owner of an accounting and consulting firm in Oakland, California, which specializes in income tax planning and tax compliance for individuals, corporations, partnerships, LLCs, trusts, estates and non-profit clients. The firm obtained its first medical cannabis client in 1998, and now has more than 150 clients in this field. Hank has held faculty positions at City College of San Francisco, Laney College and San Francisco State University, and he is regularly appointed by the Superior Courts of California as a forensic expert, business appraiser and referee in family law, civil litigation and tax matters. He has been continually involved in professional and community service, serving as past president of the East Bay Chapter of California Society of CPAs and as a current director on various non-profit boards.
  • Henry Wykowski, Esq., is a San Francisco-based trial attorney representing numerous cannabis dispensaries in tax and litigation matters, including Harborside Health Center. He is widely considered to be one of the country’s leading authorities on taxation of the medical marijuana industry. Henry is a graduate of Tulane University School of Law and has been practicing for more than 35 years. He began his career in the Tax Division of the U.S. Department of Justice and also served as an Assistant U.S. Attorney in the Northern District of California. Henry was the tax attorney in the landmark case of Californians Helping to Alleviate Medical Problems (CHAMP) v. Commissioner, 128 T.C. No. 14 (2007). Henry currently serves on the board of the National Cannabis Industry Association, and he is actively engaged in the effort to exclude state-authorized dispensaries from Sec. 280E.
By |2012-03-13T07:25:22-07:00March 13th, 2012|Stories & Articles, Tax Issues|Comments Off on People Experienced with Internal Revenue Code Section 280E

Medical-pot Dispensary Fee Charged Twice by Scottsdale

Arizona Republic:  “A yearlong delay in state authorization of medical-marijuana dispensaries has winnowed the field of applicants in Scottsdale to just four businesses.  Each of the four applicants is seeking a city use permit to operate a marijuana dispensary in the Scottsdale Airpark. Under state rules, only one will be awarded a dispensary license. . . . applicants are: The Giving Tree Wellness Center, 7655 E. Evans Road. MMRX, 15455 N. Greenway Road, Suite C-22. True Health Care LLC, 14666 N. 74th St.  Valley Wellness Center, 7825 E. Redfield Road.”

By |2012-08-18T10:09:25-07:00March 10th, 2012|Stories & Articles, Zoning|Comments Off on Medical-pot Dispensary Fee Charged Twice by Scottsdale

Medical Marijuana Lawsuit Dismissed By Federal Judge In Sacramento

Huff Post:  “Medical marijuana advocates faced another setback Tuesday, when a federal judge in Sacramento dismissed a lawsuit claiming that the Obama administration broke its promise to leave the pot industry alone when it began an aggressive crackdown against California dispensaries last fall. . . . In the four months since the reinstated crackdown, a number of medical cannabis clubs across the state have been forced to shut down, including five in San Francisco and the legendary Marin Alliance for Medical Marijuana in Marin County, California’s oldest. The District Attorney’s office has begun investigating 12 more stores in San Francisco this year.

By |2012-03-10T08:15:36-07:00March 10th, 2012|Stories & Articles|Comments Off on Medical Marijuana Lawsuit Dismissed By Federal Judge In Sacramento

Smokey’s Lounge In Salem, Oregon Was Raided By Local Police

The Weed Blog:  “Smokey’s Lounge in Salem, Oregon was raided Tuesday, making it the third ‘official’ medical marijuana ‘dispensary’ in Oregon to be raided.  Unlike medical marijuana ‘dispensary’ raids in other states, all three raids in Oregon were by locate police.  However, unlike previous raids which were isolated to Washington County Oregon, this raid was in Marion County Oregon, multiple counties away.  In Washington County, the sheriff’s office has gone rogue and has been harassing medical marijuana patients and entrepreneurs for quite some time now.  But the raid in Salem is different.”

By |2012-03-10T08:09:50-07:00March 10th, 2012|Marijuana Crimes, Stories & Articles|Comments Off on Smokey’s Lounge In Salem, Oregon Was Raided By Local Police
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