HB DC
Active Member
Hello All
I am asking you to do us all a favor and contact whom ever you can in regards to all the recent arrests for concentrates of medical marijuana. Though every single arrest has yielded none other than a patient who has been diagnosed with a debilitating medical condition which concentrated marijuana provides the relief they need. This is clearly against the Spirit of the AMMA - " the purpose of this act (AMMA) is to protect patients with debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties and property forfeiture if such patients engage in the medical use of marijuana." The AMMA preempts any old laws that pertain to the same subject matter since the subject matter is licensed to engage in the medical use of marijuana - "Medical use" means the acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. "Marijuana" means all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.
Very clear Act...
Whether you like medical marijuana or not the Act was passed by the Great People of Arizona so respect our will.
-----------------------------------LETTER YOU CAN USE --------------------------------
To Whom It May Concern:
It has been brought to the attention of the patients of Arizona, through comments on your blog, the Phoenix New Times, as well as the recent arrests/detention of patients in the media that the use of concentrates, edibles, tinctures and any other product that contains extracted marijuana.
In particular A.R.S. 13-3401(20)(w) defines a narcotic drug, among other things, as “cannabis”. Cannabis, in turn, is defined by A.R.S. 13-3401(4) as follows:
"Cannabis" means the following substances under whatever names they may be designated:
a. The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
b. Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.
On the other hand The definition of “usable marijuana” in the AMMA, however, specifically includes "any mixture or preparation" of the dried flowers, which is language that mimics the narcotics drug statute. The pertinent part of the definition of “usable marijuana” in the AMMA as follows:
“the dried flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant and does not include the weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink.” (see A.R.S. § 36-2801(15)).
Also, in the rules and regulations supplied by AZDHS, the following language was included, respectfully, again only the pertinent portion is included,
"C. 8. The dispensary’s by-laws including:
b. Whether the dispensary plans to:
v. Prepare, sell, or dispense marijuana-infused edible food products;
vi. Prepare, sell, or dispense marijuana-infused non-edible products;"
The patients of Arizona are respectfully requesting clarification regarding the purpose of the language listed above, C.8-b.v-vi.
As the administrative agency in charge of overseeing the promulgating of the rules and regulations many of us rely on AZDHS for direction in navigating the complicated language contained within A.R.S. § 36-2801.
The language of proposition 203 states " the purpose of this act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties and property forfeiture if such patients engage in the medical use of marijuana."
Mr Humble, AZDHS staff, please maintain the spirit of the AMMA, as well as the written text of the document and assist in the protection of Arizona's Medical marijuana patients by supplying the purpose of the language quoted above from the Rules & Regulations. state licensed dispensaries are selling products, authorized by the AZDHS, that they could then in turn be charged with a narcotics possession crime for having.All while within the current language of the AZDHS Rules & Regulations as well as the text of the AMMA itself.
Please offer any assistance and guidance you can in this matter. Your office's website states the "Administrative Counsel provides legal support to the Department's Director and Executive Team and acts as a *liaison* between the Department and the Attorney General's Office." so you have the authority to ask for a statement from the Attorney General's office regarding this matter.
Also from the AZDHS website, same page, "Administrative Rules provides assistance to the Department's Director and Executive Team by providing interpretation of rules and state statutes. In addition, Administrative Rules provides rule makings, substantive policy statements, agency guidance documents, five-year review reports, and licensing time frame reports." Again, AZDHS has the authority to and seemingly the responsibility to address this issue as the health and safety of the patients being incarcerated is also directly effected by this lack of clarity.
Many other states (Colorado, Washington, Michigan, etc) have done similar tasks within their departments without the matter having to go before a judge for declaratory judgement.
Please help Arizona's MMJ patients get clarification on this matter. After the recent CNN special with Dr Gupta many people are aware of the potential benefits of using concentrated forms of medical marijuana in patients such as children with Epilepsy and extending through a gambit of ages and ailments all the way to the now very public knowledge of mmj use for Alzheimer's and dementia sufferers thanks to patent 6630507 being made mainstream knowledge by Dr Gupta. Concentrates are a vital portion of the treatment of many diseases from cancer to asthma. Patients have a vested interest in your reply.
The Great People of Arizona Thank You
----------------------LETTER END------------------------------------------
Free The Trees!
I am asking you to do us all a favor and contact whom ever you can in regards to all the recent arrests for concentrates of medical marijuana. Though every single arrest has yielded none other than a patient who has been diagnosed with a debilitating medical condition which concentrated marijuana provides the relief they need. This is clearly against the Spirit of the AMMA - " the purpose of this act (AMMA) is to protect patients with debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties and property forfeiture if such patients engage in the medical use of marijuana." The AMMA preempts any old laws that pertain to the same subject matter since the subject matter is licensed to engage in the medical use of marijuana - "Medical use" means the acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. "Marijuana" means all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.
Very clear Act...
Whether you like medical marijuana or not the Act was passed by the Great People of Arizona so respect our will.
-----------------------------------LETTER YOU CAN USE --------------------------------
To Whom It May Concern:
It has been brought to the attention of the patients of Arizona, through comments on your blog, the Phoenix New Times, as well as the recent arrests/detention of patients in the media that the use of concentrates, edibles, tinctures and any other product that contains extracted marijuana.
In particular A.R.S. 13-3401(20)(w) defines a narcotic drug, among other things, as “cannabis”. Cannabis, in turn, is defined by A.R.S. 13-3401(4) as follows:
"Cannabis" means the following substances under whatever names they may be designated:
a. The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
b. Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.
On the other hand The definition of “usable marijuana” in the AMMA, however, specifically includes "any mixture or preparation" of the dried flowers, which is language that mimics the narcotics drug statute. The pertinent part of the definition of “usable marijuana” in the AMMA as follows:
“the dried flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant and does not include the weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink.” (see A.R.S. § 36-2801(15)).
Also, in the rules and regulations supplied by AZDHS, the following language was included, respectfully, again only the pertinent portion is included,
"C. 8. The dispensary’s by-laws including:
b. Whether the dispensary plans to:
v. Prepare, sell, or dispense marijuana-infused edible food products;
vi. Prepare, sell, or dispense marijuana-infused non-edible products;"
The patients of Arizona are respectfully requesting clarification regarding the purpose of the language listed above, C.8-b.v-vi.
As the administrative agency in charge of overseeing the promulgating of the rules and regulations many of us rely on AZDHS for direction in navigating the complicated language contained within A.R.S. § 36-2801.
The language of proposition 203 states " the purpose of this act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties and property forfeiture if such patients engage in the medical use of marijuana."
Mr Humble, AZDHS staff, please maintain the spirit of the AMMA, as well as the written text of the document and assist in the protection of Arizona's Medical marijuana patients by supplying the purpose of the language quoted above from the Rules & Regulations. state licensed dispensaries are selling products, authorized by the AZDHS, that they could then in turn be charged with a narcotics possession crime for having.All while within the current language of the AZDHS Rules & Regulations as well as the text of the AMMA itself.
Please offer any assistance and guidance you can in this matter. Your office's website states the "Administrative Counsel provides legal support to the Department's Director and Executive Team and acts as a *liaison* between the Department and the Attorney General's Office." so you have the authority to ask for a statement from the Attorney General's office regarding this matter.
Also from the AZDHS website, same page, "Administrative Rules provides assistance to the Department's Director and Executive Team by providing interpretation of rules and state statutes. In addition, Administrative Rules provides rule makings, substantive policy statements, agency guidance documents, five-year review reports, and licensing time frame reports." Again, AZDHS has the authority to and seemingly the responsibility to address this issue as the health and safety of the patients being incarcerated is also directly effected by this lack of clarity.
Many other states (Colorado, Washington, Michigan, etc) have done similar tasks within their departments without the matter having to go before a judge for declaratory judgement.
Please help Arizona's MMJ patients get clarification on this matter. After the recent CNN special with Dr Gupta many people are aware of the potential benefits of using concentrated forms of medical marijuana in patients such as children with Epilepsy and extending through a gambit of ages and ailments all the way to the now very public knowledge of mmj use for Alzheimer's and dementia sufferers thanks to patent 6630507 being made mainstream knowledge by Dr Gupta. Concentrates are a vital portion of the treatment of many diseases from cancer to asthma. Patients have a vested interest in your reply.
The Great People of Arizona Thank You
----------------------LETTER END------------------------------------------
Free The Trees!