The text of Arizona Attorney General Tom Horne’s August 8, 2011, press release states:

“PHOENIX (Monday, August 8, 2011) — Attorney General Tom Horne today filed a civil action against four Phoenix-area cannabis clubs and one individual that falsely claim to be operating lawfully under the Arizona Medical Marijuana Act (AMMA). The action is for declaratory judgment and injunctive relief and is filed on behalf of the State and the Arizona Department of Health Services.

“The law permits one card holder to give marijuana to another card holder. But is does not permit the activities of these Defendants, who charge fees to members. These private entities and individuals are in no way permitted to legally transfer marijuana to anybody,” Horne said. “The operators of these clubs claim that they are protected under the Arizona Medical Marijuana Act when they are not registered as non-profit medical marijuana dispensaries as required under that law. These people are marketing themselves as being able to lawfully transfer marijuana, and that type of deception and blatantly illegal activity must be stopped.”

The filing in Maricopa County Superior Court claims that The 2811 Club, The Arizona Compassion Association, Yoki A Ma’ Club, the Arizona Compassion Club and Michael R. Miller are all private cannabis clubs or owners/operators of clubs that have claimed they are able to lawfully participate in the possession, production, transportation, sale, or transfer of marijuana in accordance with A.R. S. § 36-2801 et. seq., the Arizona Medical Marijuana Act. However the Act does not offer legal protection to cannabis clubs, cooperatives or any other person, association or entities that are not registered nonprofit medical marijuana dispensaries. Nor does the act decriminalize the possession, production, transportation, sale, or transfer of marijuana by or through those entities.

This action asks the court to issue a declaratory judgment that each of the Defendants is violating the AMMA and prohibit them from engaging in activities that involve selling, producing, transporting, transferring or possession of marijuana.”

Arizona vs. The 2811 Club Complaint

The Attorney General’s complaint in the matter of  State of Arizona vs. The 2811 Club, The Arizona Compassion Association, Yoki A Ma’ Club, the Arizona Compassion Club and Michael R. Miller follows:
Pot Complaint 1

Arizona vs. The 2811 Cannabis Club Motion to Show Cause & Application for Injunction

Pot Complaint 2

On August 9, 2011, Alan Sobol sent the following message to the public.

The 2811 Club Welcomes the Court Challenge

Phoenix  August 8, 2011.  Arizona Attorney General Tom Horn issued a  news release yesterday announcing that he filed  a complaint for Declaratory Judgement asking the Courts to rule on the legitimacy of Cannabis clubs.  What Mr. Horn did not say was that Mr. Sobol, the marketing agent who developed the Cannabis Club business model in question,  filed for a Declaratory Judgment weeks ago, also asking the Court to render a decision on whether or not the 2811 Club business model was legal under Arizona State law . Sobol’s Action is still awaiting a response from the Attorney General’s office.  The 2811 Club welcomes this Court intervention.

 The 2811 Club, LLC opened it’s doors for business on July 4th 2011. This Club was Arizona’s first Cannabis Club.  The 2811 Club is an Educational and Resource facility with a campus  intended as a venue for qualified patients to learn, share knowledge, exchange  medication and network together.  “This is a membership only club, you must be a qualified patient and possess a Arizona medical marijuana card issued by the AZDHS to enter” says Sobol.

 Once inside, the club provides a safe, clean, well managed facility which includes an array of services designed to meet the needs of Patients including, extensive educational classes, a comprehensive marijuana Library, and  on-line research services, pain management services and demonstrations, daily entertainment, specialized discounts on various  marijuana related products and services, marijuana  testing  services,  strain consulting,   and perhaps most importantly the unique ability to safely network with other qualified patients.

 Patient to patient transfers are permitted under the law so long as nothing of value is exchanged.  In  fact the Club is named after the provision of the law that specifically allows such exchanges: A.R.S 36-2811.   Both Horn and Sobol agree, that the Arizona Medical Marijuana Act does permit qualified patients the right to  freely exchange their medication.   However, the law does not specify where such exchanges must take place. For example, the law does not require such exchanges to take place in a Dispensary.  The 2811 club does not  sell or distribute marijuana whatsoever.  The club simply provides a safe venue for qualified patients to freely  exchange marijuana among themselves, so long as it is done in full compliance with the law.  Any membership fees charges are for use of the facility and its extensive services, and not for the  sale of marijuana as alleged by Horn.

Additionally, In the good faith  and spirit of the law the Club provides free space to a Compassion Association comprised of qualified patients and caregivers who also distribute free samples ( approx 4 grams)  of their own individually grown, very high quality, medical grade marijuana.  This medication is independently tested ,professionally labeled and packaged.  Other then the space it donates, The 2811 Club has no affiliation with this private not-for-profit compassion club. Qualified, credible and highly skilled caregivers who are associated with the Compassion group, make themselves  available to qualified patients who wish to register them through the AZDHS program. There is simply no safer way for qualified patients to obtain the medication they voted for.

Moreover,  any qualified patient is welcome to visit the club and exchange their medication with other club members. Qualified patients do not have to utilize the 2811 Club to exchange their marijuana, however, they choose  to visit this facility because they know that all members of the Club are qualified patients, the facility offers extensive security,  provides numerous other services including  extensive education and marijuana testing, and it’s  simply a great place to meet other qualified patients.   In the absence of such a facility, qualified patients would be forced into the streets, or risky Craigslist advertising  to attract other patients.    Sobol says the club fill a niche, it  is the merely the vessel that brings qualified patients together and  is absolutely  legal.  Some patients join the club just to take advantage of the extensive educational services provided by the Arizona Cannabis University, which is included in the membership fees.  The club maintains strict membership rules to assure full compliance with the law. The 2811 Club is presently  the only  safe, dignified and legal way for qualified patients to comply with the law.

We believe Mr. Horn’s Compliant is in Violation of the  Arizona Voter Protection Act,  is an abuse of his authority, and moreover is further evidence of  the  bad faith efforts on the part of  Arizona government officials to thwart the will of the Arizona Voters. In an apparent attempt to justify a repeal of the Medical marijuana Act in 2013 some of our elected officials are apparently trying to create mayhem in this industry.  The Governors actions are merely a self filling prophecy.      Mr. Horn’s Civil Action alleges  that there is no provision in the law that allows for this type of Cannabis Club. The fact is, there is no provision in the law that specifically precludes  it either.  The fact is qualified patients can legally meet in practically any venue to exchange their medication. For example,   If  two qualified patients were to meet at a Movie theater to exchange their medication, would Mr. Horn move to close down all theaters?  We believe that government officials have a obligation to  uphold the laws of this state.  They should be exerting their energies on how to safely implement the Arizona Medical Marijuana law rather than conspiring to  to stop it.  Properly managed facilities like the 2811 Club can provide qualified patients statewide with an organized, professional and fully compliant network of patient and caregiver exchanges sufficient to meet the needs of this program.

It is outrageous for Mr. Horn to suggest that the 2811 club is some how deceptive. We have been totally transparent in the development and operation of our Club.  The 2811 Club has  repeatedly invited all law enforcement, including Mr. Horn, to visit our facility.  In fact, on August 1, 2011 we sent the Attorney General a request for a meeting to discuss the legal issues concerning Cannabis Clubs.  The e-mail stated in part;

“It has always been my intent to operate in full compliance with the law, therefore,  if there is some specific legal statute, or compelling and meritorious argument that would preclude such business operations in Arizona then, in that case, I would most definitely withdraw my proprietary licenses and  cease all marketing efforts. Absent such specific limitations or regulations, I believe it would be in our mutual interest to meet and review Cannabis Club operations.  I look forward to hearing from you.”

There was no response  from Mr. Horn!

We  adamantly believe that our 2811 club business model is in full compliance with State Laws and  we welcome the opportunity to expedite this matter in the Courts.

We again extend an invitation to all law enforcement  and government officials to come visit our facility.  We have nothing to hide.  We take great pride in the fully compliant facility we have developed, and the services it provides to our members.

We thank our members for their continued support, and encourage all those who suffer with the qualifying conditions to apply for a Medical Marijuana Card.  We have a Doctor on site who will review your records and, if qualified,  write you the required recommendation.  In a further effort to demonstrate our true desire to help we are again lowering our price for Doctor Evaluations to $65.00. (The Lowest evaluation price in the State).

Please feel free to contact us directly with any questions,  602-993-5600 or visit our website for more information:   the2811club.com.

Thank you

Allan Sobol, Marketing Director

The 2811 Club, LLC

Attorney General Tom Horne agrees with me.  Read my article called “Are Arizona Cannabis Clubs Legal Under Arizona’s Medical Marijuana Laws?”  The following is the text of an August 8, 2011, blog post by Arizona Department of Health Services Director Will Humble.

“A couple of weeks ago I wrote a post expressing serious concerns about the legality of so-called cannabis clubs that have been popping up recently.  It appeared to me that the clubs are distributing marijuana to customers in a way that’s inconsistent with the provisions of the Arizona Medical Marijuana Act- and the persons involved could be conducting illegal marijuana transactions…  which is why we asked the Arizona Attorney General’s Office for review and analysis.

“The Arizona Attorney General has completed their analysis of “cannabis clubs” and have concluded that the clubs and the folks working in them aren’t allowed to legally transfer marijuana.  The Attorney General filed a civil action in Maricopa County Superior Court today against four Valley cannabis clubs.  Today’s action asks for a “declaratory judgment and injunctive relief” meaning that we’re asking the court to stop the cannabis clubs from operating and claiming that they’re able to operate under the protection of the Arizona Medical Marijuana Act.

Phoenix New Times:  “Tom Horne, State Attorney General, Asks Court to Shut Down Cannabis Clubs; Says He’s Taking “Softer Approach” by Not Ordering Arrests” – Arizona Attorney General Tom Horne asked a court today to shut down cannabis clubs, claiming they’re ‘blatantly illegal’ under Arizona’s medical marijuana law.  The motion, filed in Maricopa County Superior Court, names four clubs and an individual: ‘The 2811 Club, The Arizona Compassion Association, Yoki A Ma’ Club, the Arizona Compassion Club and Michael R. Miller.’ Horne wants a judge’s ruling that the clubs aren’t legal and an injunction to stop them from the ‘selling, producing, transporting, transferring or possession of marijuana’. . . . We asked Horne if he was just passing the buck on this decision. If he’s so sure the clubs are acting illegally, why not just have the clubs raided and their staffs arrested?

‘I’m taking a softer approach,’ Horne tells us.”

Phoenix New Times:  “Al Sobol, Pot Club Manager, “Happy” to Have Court Decide on Clubs’ Legality” – “Al Sobol, a prominent medical marijuana marketer, says he’s “happy” that state Attorney General Tom Horne seeks to have a court review the legality of cannabis clubs.  Sobol is the manager of the 2811 Club, LLC, one of the businesses named in the legal actions filed in the Maricopa County Superior Court today by state Attorney General Tom Horne.”

East Valley Tribune:  “Horne asks judge to shut down Arizona’s ‘marijuana clubs’” – “Calling them illegal drug dealers, Attorney General Tom Horne asked a judge on Monday to shut down the ‘marijuana clubs” that are opening up around the state.  In legal papers filed in Maricopa County Superior Court, Horne said the medical marijuana law that voters approved last November has no provision for the kind of clubs where members, after paying a fee, can get access to free drugs. More to the point, he said the exceptions in the law that club owners say permit what they do does not exist.”