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If you ask me the government tyrants that wrote these rules on medical marijuana are trying to flush the will of the people who voted for prop 203 down the toilet and make it as hard as possible to get medical marijuana.
Final Rules on Medical Pot Too Tough on Patients, One Doctor Says; Other Pot Advocates Satisfied With Rules By Ray Stern, Thu., Mar. 31 2011 @ 5:37PM The final rules for medical marijuana are too tough on patients and may encourage a lawsuit, says one Valley doctor. Edgard Suter, an East Valley nuclear medicine physician who has been an outspoken advocate for medical marijuana, decried an addition to the draft rules that requires doctors to state the underlying condition causing "chronic or severe pain." He already was unhappy that state officials plan to monitor the recommendations that physicians make and turn in prolific recommendation writers to medical boards for possible discipline. Suter's one of the few critics of the final set of rules, published on the state Department of Health Services' website on Monday. Other pot advocates seem satisfied with the state's rule-making job. Andrew Myers, formerly of the Arizona Medical Marijuana Policy Project, which put Prop 203 on the ballot, told the Prescott Daily Courier, "Overall, I think it's a good package... Patients are treated very fairly." Tom Salow, the DHS' rule-making lawyer, tells New Times today that he didn't expect to please everybody, but he thinks "the department did a great job. A lot of states are looking at this. I believe we set a new standard." [I suspect this lawyer gets paid more for each rule written, so it is probably in his financial interest to have as many rules and regulations as possible - which means f*ck the will of the people who voted for Prop 203] Only a few minor corrections will need to be made before the rules are filed with the Secretary of State's office on April 14, he says. The requirement to list the underlying medical condition makes sense, says Steve Schafer of the Arizona Medical Marijuana Certification Centers. His businesses' three locations have been contacted by thousands of people in recent months, many of whom obtained preliminary approval by doctors for a marijuana recommendation. In other states with medical marijuana programs, "chronic and severe pain" is the most commonly cited ailment by patients. It'll probably be the same story in Arizona, but Schafer says his company will need to see "good documentation" for the pain claims. Some would-be patients already have been rejected, he notes. Complaints like "my tailbone hurts because I slipped and fell on my skateboard" won't cut it, he says. The pain has be to "severe, and it's gotta be over a period of time." The centers' doctors prefer to see MRIs or x-rays to help document the problem, he says. [Hmmm would these jerks force you to get an MRI or x-ray every time you want to take an asprin?] One area for potential improvement in the system is the application process, Schafer says. While computer users will be able to submit applications and payments electronically, he estimates that 20 percent of the patients seen by the certification centers don't own a home computer. Suter, though, he says he's concerned that the state's vocal anti-pot stance has been reflected too well in the rules. The state plans on examining the recommendations made by doctors, looking for an excessive amount (no hard numbers have been established) or a lack of proper documentation. [I suspect this is a lame and vague excuse to prevent people from getting their medical marijuana and use the treat of government force to terrorize doctors and prevent them from writing medical marijuana recommendations!] Will Humble, DHS director, believes that if registration cards are issued to thousands of people in their 20s or 30s who don't have documentable maladies, that'll be evidence that the system is getting abused. [Hmmm ... so government tyrant Will Humble says anybody who is under 30 and wants a medical marijuana prescription is faking it? Again he sounds like he wants to flush the will of the people who voted for Prop 203 down the toilet] To Suter, that means Humble and the state are trying to play doctor. Only the physician should determine if the person might be helped by weed, and full documentation of "chronic and severe pain" might not always be possible. For instance, if a doctor has written that a patient has "moderate" back pain in his or her notes, that doesn't mean the patient doesn't have "severe" pain, he insists. It could simply be that the doctor underestimated the patient's pain. The doc says he and the director got into a heated dispute recently. "Humble was yelling at me, purple-faced, saying 'You better have those records!'" Suter says. Honestly, it's hard to imagine the bespectacled bureaucrat yelling at anyone. But it sounds like Suter's planning on writing a cargo-ship-load of recommendations and that he doesn't want anyone to second-guess him. Any doctor the DHS refers to the state medical board -- which he says is among the toughest in the country -- is going to have a rough time of it, Suter says. "You get a letter from the board, it's going to cost you money," he says. He has a point, but it's too early to tell what the DHS or medical board will do. We think it's likely that the DHS will only go after the low-hanging fruit: It'll refer to medical boards the physicians who are writing hundreds of recommendations to people with no documented history of qualifying problems. In other pot news, we peeked at the marijuana-related proposed laws wending their way through the Arizona Legislature and found that two are still headed for passage. One is the bill we call the "Patient Discrimination Act," because it gives so much power to employers. The other is a bill that would require information about patients' medical marijuana approval status to be included in the state's prescription drug monitoring program. Bills that appear dead include proposals to tax marijuana that's sold at dispensaries, make possession of marijuana a civil offense for everyone, and limit the amount of tax that could be imposed on medical pot.
Pot Users Who Still Have Two Brain Cells to Rub Together Should Try to Obtain Medical Marijuana Card By Ray Stern, Thu., Mar. 31 2011 @ 4:03PM If you ever smoke or use marijuana, it's time to see the doctor. The Arizona Medical Marijuana Act is the law of the land, and now the state Department of Health Services has provided a map to legal immunity for anyone interested in possessing pot. The final rules from the DHS spell out exactly need to be done to obtain a recommendation from a doctor for a state medical-marijuana card. Sure, Arizona's program is less liberal than California's, where people legally use marijuana for ailments as relatively minor as anxiety or insomnia. Our law's criteria for who qualifies is stricter, and some potential applicants are already getting turned down for recommendations by physicians. Those with legit medical problems certainly owe it themselves to give pot a try, especially if they've tried heavier, opiate-based pain or anti-nausea medications. But beyond that, potheads, stoners, or occasional burners would be crazy, or stupid, not to at least try to obtain a card. Getting busted with any amount of marijuana is a felony in Arizona. You'll be arrested and possibly taken to jail. If you're convicted -- welcome to your new life as an ex-con with a rap sheet (albeit a minor one). If you have a card, though, you won't be arrested. You won't be convicted. Indeed, in many cases you'll be allowed to keep your marijuana and continue using it. Capiche? Let's put it another way: If you end up busted this time next year and you didn't even try to get your card, you'll have screwed yourself. Forget what state officials have been saying about wanting to keep non-patient or "recreational" users from legally possessing marijuana. This is your life we're talking about. Do you think Obama, George W., or Bill Clinton would have gotten to be president if they'd gotten busted? Hell, no. So don't you get busted either -- get legal. Or try to get legal, anyway. We don't want to encourage you to lie, but you probably have some pain issues, don't you? You heard it might be tougher if you're 25 and have never seen a doctor in your life? Find out for yourself. The worst that could happen is you'll be out a few bucks for the doctor visit. Of course, any pot user who's been seeing a doctor for chronic pain regularly but fails to obtain the card would be a complete bonehead. Would it make sense for a law-abiding driver to never seek a driver's license? Why steal a book you want to read from the library instead of getting a library card? Okay, now that we've convinced you, here's what to do: Find the right doctor. Ask your regular physician or find one of the local doctors who are turning marijuana recommendations into a cottage industry. We hear that some even advertise in New Times. The doctor will ask for your medical records and history and charge you a fee. Some outfits will handle the whole process for you, including submitting the state application. After April 14, you can submit your application online. You'll submit the $150 fee with a payment card, attaching a photo and your doctor's recommendation with associated records. (It's only $75 if you're on food stamps.) You can find all the necessary forms and FAQs on the DHS' website. Don't procrastinate, either. While it's true that the dispensaries won't open with their products until the fall, having your card makes it legal for you to possess up to 2 1/2 ounces immediately, no matter where it came from. The choice is yours, and it's simple: handcuffs and jail, or "you're free to go."
Numerous times it sounds like Obama lied in his promises not to arrest sick people who used medical marijuana. Again it sounds like Obama is going to send his DEA thugs to arrest people who use, grow, or sell medical marijuana. [U.S. Attorney Dennis] Burke's letter clarifies that federal authorities, despite their reluctance to prosecute sick people, will not look the other way when it comes to marijuana cultivation and distribution. I suspect this is Obama's way of getting the police crowd to vote for him in 2012. Along with Obama's murder of bin Laden to get the military vote in 2012. Arizona medical pot law no shield for users, growers, prosecutor says by Mary K. Reinhart - May. 2, 2011 11:27 PM The 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 (Controlled Substances Act) may be vigorously enforced against large marijuana-production facilities," Burke wrote to Will Humble, director of the state Department of Health Services. "This compliance with Arizona laws and regulations does not provide a safe harbor, nor immunity from federal prosecution." Opponents of the voter-approved law called on Gov. Jan Brewer to shut it down immediately, saying Burke's letter makes clear that state regulation of medical pot is illegal and anyone involved with dispensaries or cultivation sites could risk prosecution. Even supporters said mounting federal pressure likely will have a chilling effect on the fledgling industry. They predicted a move toward smaller, tightly regulated operations and called the U.S. attorney's stance "reactionary." "If you increase the legal demand and don't increase the legal supply, you're going to increase revenues for the drug cartels," said Andrew Myers, co-founder of the Arizona Medical Marijuana Association, who led the campaign for Proposition 203 in Arizona. Brewer said she was unaware of Burke's letter, but she doesn't intend to stop implementation of the program. "It was passed by the voters, and we've tried to implement the voters' wishes," Brewer said. Maricopa County Attorney Bill Montgomery said Burke's letter clarifies that federal authorities, despite their reluctance to prosecute sick people, will not look the other way when it comes to marijuana cultivation and distribution. "I think this is the end of the medical-marijuana movement," Montgomery said. "You can't do a wink and a nod toward unlawful conduct and not have a consequence." Burke said he wrote the 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." It follows similar correspondence in recent weeks between federal prosecutors, attorneys general and governors in several other states, and dispensary and greenhouse raids in Washington, Montana, Colorado and California. On Monday, Rhode Island Gov. Lincoln Chafee halted the state's medical marijuana dispensary program after the U.S. attorney for his district threatened to prosecute those involved with licensing "compassion centers" there. Washington Gov. Christine Gregoire on Friday vetoed a bill in to regulate the medical-marijuana industry, which voters approved in 1998. Federal prosecutors also made good on a promise to crack down on landlords who leased their property to dispensaries, raiding several Spokane dispensaries on Thursday. In his two-page letter, Burke said "individuals and organizations - including property owners, landlords and financiers" could be prosecuted under federal drug-trafficking laws. But he made no mention of Arizona employees, who have been processing ID cards for hundreds of medical-marijuana users and are preparing to license dispensaries and cultivation sites this summer. Montgomery said he believes state, county and municipal employees could be at risk if they help people use, grow or sell marijuana. But Humble said he's not worried about his staff and believes Arizona's program will continue to operate, if on a smaller scale, in the wake of Burke's letter. "It looks to me like a big shot across the bow for folks who were thinking about building a very large cultivation facility or a very large dispensary," Humble said. "I don't think it's going to end the program. I do think it's going to change what the program looks like." Scottsdale attorney Jordan Rose, who advises potential dispensary owners, said Burke's letter should not change Arizona's medical marijuana landscape. "There is a risk, and it cannot be minimized," Rose said. "But if anybody is saying the sky is falling, they didn't read the federal government's position." In a letter to U.S. attorneys in October 2009, deputy U.S. Attorney General David Ogden indicated that, in light of the burgeoning industry and the variety of state laws, the administration didn't intend to prosecute sick people who used medical pot or the caregivers who provided it. The "Odgen memo" made clear that marijuana remains illegal and that federal prosecutors will go after drug traffickers, but some say the memo triggered the industry's growth in Colorado, California and elsewhere. Arizona law limits to 12 the number of plants an individual can grow. But there are no limits to the size of a dispensary, and owners are allowed to operate separate cultivation sites, where they can grow an unlimited amount of marijuana. Burke and other U.S. attorneys have mentioned "large" or "large-scale" operations in their letters to state officials, though they have not defined what that means. Myers said most would-be dispensary owners had planned to grow upwards of 1,000 plants to supply their non-profit dispensaries. "I think it's not hard to imagine that people are going to be scared off by something like this," Myers said. Burke was in Washington, D.C., on Monday and unavailable for comment. 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." Republic reporter Ginger Rough contributed to this article.
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