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“

 

On February 27, 2012, Will Humble, the Director of the Arizona Department Health Services said that during the prior week ADHS finished the final version of Arizona’s medical marijuana rules and sent the rules to the Arizona Attorney General for its approval.  That was 39 days ago.  What gives?  It does not take 39 days for the AG to approve minor changes made to rules it previously approved in 2011.

Will Humble is silent.  He said “We’re still on track to be able to accept dispensary applications in April,” but we are now one week into April and ADHS, the AG and Arizona Governor Jan Brewer are not talking about the law, the rules or anything related thereto.

Will my March 10, 2012 prediction, come true when I said the Arizona Governor “will order ADHS to terminate the implementation of medical marijuana dispensaries in Arizona for a second time.”

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.”

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.”

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.”

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.”

On January 13, 2012, Arizona Governor Jan Brewer issued a press release that said in part:

“I have directed the Arizona Department of Health Services to begin accepting and processing dispensary applications, and issuing licenses for those facilities once a pending legal challenge to the Department’s medical marijuana rules is resolved. . . . Know this: I won’t hesitate to halt State involvement in the AMMA if I receive indication that State employees face prosecution due to their duties in administering this law.”

In a January 13, 2012, blog post Director of the Arizona Department of Health Services Will Humble wrote:

“the Governor has asked us to implement the dispensary portion of the AZ Medical Marijuana Act.”

On January 25, 2012, Will Humble wrote:

“Our teams are busy dotting the i’s and crossing the t’s right now on an express rule package that would remove the dispensary selection criteria that was struck down last week (AZ residency, child support, previous bankruptcies etc.) and to set new dates to accept dispensary applications.”

On February 27, 2012, Will Humble wrote:

“Last week our team finished the revisions to the regulations by making adjustments to comply with the judge’s decision and to set a process for identifying a new timeline for accepting dispensary applications. We’ve shipped the revised rules to the Attorney General’s Office for final review. Once their review is complete, the AG’s office will file the final package with the Secretary of State- and the revised rules will become immediately effective.  I’ve heard that there’s a buzz in the community that we’re completely revamping the rules for dispensaries. This is not the case. We’ve simply made revisions to comply with the recent Superior Court Ruling. We’re still on track to be able to accept dispensary applications in April.”

The Court in  Compassion First, LLC vs. Arizona ruled that the ADHS rules must eliminate the following provisions from the Rules that prohibited ADHS from issuing a license for an Arizona medical marijuana dispensary if any principal officer or director of the applicant:

• Was not an Arizona resident for at least three years immediately before filing for a dispensary license.

• Had ever filed personal or corporate bankruptcy.

• Did not file Arizona personal income tax returns for three years immediately before filing for a dispensary license;

• Was not current on court-ordered child support.

• Is delinquent in paying taxes, interest or penalties to the government or has an unpaid judgment to the government or is in default on a government issued student loan.

It is a simple matter to eliminate those provisions from the Rules and would have taken ADHS less than an hour.  The only other changes to the rules would be the dates for accepting dispensary applications and all the other dates in the dispensary licensing process.  ADHS determined these dates last year so all it has to do is pick a new dispensary application start date and the other dates would flow from that date.  In short, the time needed for ADHS to revise its Rules and for the Attorney General to approve the revised Rules is/was very short.  Why then has the Arizona Attorney General failed to approve the revised rules?

My guess is that the AG’s delay in issuing the final revised Rules is because Jan Brewer and Tom Horne are trying to come up with another excuse to kill medical marijuana dispensaries in Arizona.  Governor Brewer now has concrete evidence to base her decision to shut down Arizona’s medical marijuana dispensaries for a second time.  The Delaware United States Attorney office sent a letter to Delaware Governor Jack Markell dated February 9, 2012, that said in part:

“[G]rowing, 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 permitting such activities . . . . Moreover, those who engage in financial transactions involving the proceeds of such activities may also be in violation of federal money laundering statutes. . . . State employees who conduct activities mandated by the Delaware Medical Marijuana Act are not immune from liability under” the Controlled Substances Act“

Here is Governor Markell’s February 12, 2012, statement on this issue:

“I am very disappointed by the change in policy at the federal department of justice, as it requires us to stop implementation of the compassion centers.  To do otherwise would put our state employees in legal jeopardy and I will not do that.   Unfortunately, this shift in the federal position will stand in the way of people in pain receiving  help.  Our law sought to provide that in a manner that was both highly regulated and safe.”

Given the Governor’s statement in her January 13, 2012, press release that she would not “hesitate to halt State involvement in the AMMA if I receive indication that State employees face prosecution due to their duties in administering this law” I am predicting that she will order ADHS to terminate the implementation of medical marijuana dispensaries in Arizona for a second time.

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.