So...as many of you already know Arizona Proposition 203 has passed! Official state certification will be on November 29th, 2010. The Arizona Department of Health has been tasked with overseeing the entire program. The AZDH has 120 days to come up with a standard operating procedure as well as rules and regulations.
Although the initiative limits the role of the AZDH to mostly administrative duties, they are currently hammering out certain rules to the program like....patient/doctor relationship, dispensary operations, dispensary zoning, as well as strict inventory of medication from seed to finished product possibly using a bar code type system.
They also are going to implement a database that will be linked to local law enforcement that will show details of dispensary owners/agents, patients, and caregivers. This system will mainly be for verification purposes but will track basic information like whether a patient is permitted to cultivate, how much medication that they purchase, and other relevant information.
The first applications for dispensaries and patients/caregivers won't be approved until April of 2011. Chances are that the first medication won't be distributed until late summer of next year. I am not sure if you could be permitted to grow until you possess a medical card issued by the AZDH which again won't be until April 2011 at the earliest.
Breakdown of the initiative.............
1. What conditions will be eligible for a recommendation?
CANCER, GLAUCOMA, POSITIVE STATUS FOR HIV, ACQUIRED IMMUNE DEFICIENCY SYNDROME, HEPATITIS C, AMYOTROPHIC LATERAL SCLEROSIS, CROHN'S DISEASE, AGITATION OF ALZHEIMER'S DISEASE OR THE TREATMENT OF THESE CONDITIONS A CHRONIC OR DEBILITATING DISEASE OR MEDICAL CONDITION OR ITS TREATMENT THAT PRODUCES ONE OR MORE OF THE FOLLOWING: CACHEXIA OR WASTING SYNDROME; SEVERE AND CHRONIC PAIN; SEVERE NAUSEA; SEIZURES, INCLUDING THOSE CHARACTERISTIC OF EPILEPSY; OR SEVERE AND PERSISTENT MUSCLE SPASMS, INCLUDING THOSE CHARACTERISTIC OF MULTIPLE SCLEROSIS. Any condition not listed could be added through a public petition process through the Arizona Department of Health.
2. Can you cultivate your own marijuana?
YES, BUT YOU NEED TO BE OUTSIDE 25 MILES FROM YOUR LOCAL DISPENSARY AND BE PERMITTED BY THE ARIZONA DEPARTMENT OF HEALTH. IF ELIGIBLE TO CULTIVATE YOU CAN ALSO DESIGNATE A CAREGIVER TO GROW FOR YOU.
3. What is the allowable amount of marijuana permitted?
WITH RESPECT TO A QUALIFYING PATIENT, THE ALLOWABLE AMOUNT OF MARIJUANA IS TWO-AND-ONE-HALF OUNCES OF USABLE MARIJUANA; AND IF THE QUALIFYING PATIENTS REGISTRY IDENTIFICATION CARD STATES THAT THE QUALIFYING PATIENT IS AUTHORIZED TO CULTIVATE MARIJUANA, TWELVE MARIJUANA PLANTS CONTAINED IN AN ENCLOSED, LOCKED FACILITY EXCEPT THAT THE PLANTS ARE NOT REQUIRED TO BE IN AN ENCLOSED, LOCKED FACILITY IF THE PLANTS ARE BEING TRANSPORTED BECAUSE THE QUALIFYING PATIENT IS MOVING.
WITH RESPECT TO A DESIGNATED CAREGIVER, THE RULES ARE THE SAME.
MARIJUANA THAT IS INCIDENTAL TO MEDICAL USE, BUT IS NOT USABLE MARIJUANA, SHALL NOT BE COUNTED TOWARD A QUALIFYING PATIENTS OR DESIGNATED CAREGIVERS ALLOWABLE AMOUNT OF MARIJUANA.
4. What are the rules for being a caregiver?
IS AT LEAST TWENTY-ONE YEARS OF AGE.
HAS AGREED TO ASSIST WITH A PATIENT'S MEDICAL USE OF MARIJUANA.
HAS NOT BEEN CONVICTED OF AN EXCLUDED FELONY OFFENSE.
ASSISTS NO MORE THAN FIVE QUALIFYING PATIENTS WITH THE MEDICAL USE OF MARIJUANA.
MAY RECEIVE REIMBURSEMENT FOR ACTUAL COSTS INCURRED IN ASSISTING A REGISTERED QUALIFYING PATIENT'S MEDICAL USE OF MARIJUANA IF THE REGISTERED DESIGNATED CAREGIVER IS CONNECTED TO THE REGISTERED QUALIFYING PATIENT THROUGH THE DEPARTMENT'S REGISTRATION PROCESS. THE DESIGNATED CAREGIVER MAY NOT BE PAID ANY FEE OR COMPENSATION FOR HIS SERVICE AS A CAREGIVER.
5. What are the limitations for public consumption?
UNDERTAKING ANY TASK UNDER THE INFLUENCE OF MARIJUANA THAT WOULD CONSTITUTE NEGLIGENCE OR PROFESSIONAL MALPRACTICE.
POSSESSING OR ENGAGING IN THE MEDICAL USE OF MARIJUANA:
1. ON A SCHOOL BUS.
2. ON THE GROUNDS OF ANY PRESCHOOL OR PRIMARY OR SECONDARY SCHOOL.
3. IN ANY CORRECTIONAL FACILITY.
4. SMOKING MARIJUANA:
ON ANY FORM OF PUBLIC TRANSPORTATION.
IN ANY PUBLIC PLACE.
6. What are the rules in regard to driving under the influence?
PATIENT SHALL NOT BE CONSIDERED TO BE UNDER THE INFLUENCE OF MARIJUANA SOLELY BECAUSE OF THE PRESENCE OF METABOLITES OR COMPONENTS OF MARIJUANA THAT APPEAR IN INSUFFICIENT CONCENTRATION TO CAUSE IMPAIRMENT.
NOTE: AS IT CURRENTLY STANDS ARIZONA HAS A DE FACTO DRUGGED DRIVING LAW WHICH MEANS THAT IF YOU TEST FOR ANY DETECTABLE LEVEL OF ANY ILLEGAL SUBSTANCE YOU ARE TECHNICALLY DRIVING UNDER THE INFLUENCE. I WOULD IMAGINE A VARIED FIELD SOBRIETY TEST OR AN ORAL SWAB WOULD BE USED TO DETERMINE RECENT INTOXICATION. THE ARIZONA DEPARTMENT OF PUBLIC SAFETY WILL BE TASKED WITH COMING UP WITH A METHOD FOR TESTING FOR RECENT INTOXICATION.
7. Can I be discriminated against for testing positive for marijuana on a drug test?
NO SCHOOL OR LANDLORD MAY REFUSE TO ENROLL OR LEASE TO AND MAY NOT OTHERWISE PENALIZE A PERSON SOLELY FOR HIS STATUS AS A CARDHOLDER, UNLESS FAILING TO DO SO WOULD CAUSE THE SCHOOL OR LANDLORD TO LOSE A MONETARY OR LICENSING RELATED BENEFIT UNDER FEDERAL LAW OR REGULATIONS.
UNLESS A FAILURE TO DO SO WOULD CAUSE AN EMPLOYER TO LOSE A MONETARY OR LICENSING RELATED BENEFIT UNDER FEDERAL LAW OR REGULATIONS, AN EMPLOYER MAY NOT DISCRIMINATE AGAINST A PERSON IN HIRING, TERMINATION OR IMPOSING ANY TERM OR CONDITION OF EMPLOYMENT OR OTHERWISE PENALIZE A PERSON BASED UPON EITHER:
1. THE PERSON'S STATUS AS A CARDHOLDER.
2. A REGISTERED QUALIFYING PATIENT'S POSITIVE DRUG TEST FOR MARIJUANA COMPONENTS OR METABOLITES, UNLESS THE PATIENT USED, POSSESSED OR WAS IMPAIRED BY MARIJUANA ON THE PREMISES OF THE PLACE OF EMPLOYMENT OR DURING THE HOURS OF EMPLOYMENT.
FOR THE PURPOSES OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANTS, A REGISTERED QUALIFYING PATIENTS AUTHORIZED USE OF MARIJUANA MUST BE CONSIDERED THE EQUIVALENT OF THE USE OF ANY OTHER MEDICATION UNDER THE DIRECTION OF A PHYSICIAN AND DOES NOT CONSTITUTE THE USE OF AN ILLICIT SUBSTANCE OR OTHERWISE DISQUALIFY A REGISTERED QUALIFYING PATIENT FROM MEDICAL CARE.
NO PERSON MAY BE DENIED CUSTODY OF OR VISITATION OR PARENTING TIME WITH A MINOR, AND THERE IS NO PRESUMPTION OF NEGLECT OR CHILD ENDANGERMENT FOR CONDUCT ALLOWED UNDER THIS CHAPTER, UNLESS THE PERSON'S BEHAVIOR CREATES AN UNREASONABLE DANGER TO THE SAFETY OF THE MINOR AS ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE.
So those are the most relevant parts about proposition 203. If you would like to follow up on the entire proposition it can be done here.
http://stoparrestingpatients.org/home/initiative
Although the initiative limits the role of the AZDH to mostly administrative duties, they are currently hammering out certain rules to the program like....patient/doctor relationship, dispensary operations, dispensary zoning, as well as strict inventory of medication from seed to finished product possibly using a bar code type system.
They also are going to implement a database that will be linked to local law enforcement that will show details of dispensary owners/agents, patients, and caregivers. This system will mainly be for verification purposes but will track basic information like whether a patient is permitted to cultivate, how much medication that they purchase, and other relevant information.
The first applications for dispensaries and patients/caregivers won't be approved until April of 2011. Chances are that the first medication won't be distributed until late summer of next year. I am not sure if you could be permitted to grow until you possess a medical card issued by the AZDH which again won't be until April 2011 at the earliest.
Breakdown of the initiative.............
1. What conditions will be eligible for a recommendation?
CANCER, GLAUCOMA, POSITIVE STATUS FOR HIV, ACQUIRED IMMUNE DEFICIENCY SYNDROME, HEPATITIS C, AMYOTROPHIC LATERAL SCLEROSIS, CROHN'S DISEASE, AGITATION OF ALZHEIMER'S DISEASE OR THE TREATMENT OF THESE CONDITIONS A CHRONIC OR DEBILITATING DISEASE OR MEDICAL CONDITION OR ITS TREATMENT THAT PRODUCES ONE OR MORE OF THE FOLLOWING: CACHEXIA OR WASTING SYNDROME; SEVERE AND CHRONIC PAIN; SEVERE NAUSEA; SEIZURES, INCLUDING THOSE CHARACTERISTIC OF EPILEPSY; OR SEVERE AND PERSISTENT MUSCLE SPASMS, INCLUDING THOSE CHARACTERISTIC OF MULTIPLE SCLEROSIS. Any condition not listed could be added through a public petition process through the Arizona Department of Health.
2. Can you cultivate your own marijuana?
YES, BUT YOU NEED TO BE OUTSIDE 25 MILES FROM YOUR LOCAL DISPENSARY AND BE PERMITTED BY THE ARIZONA DEPARTMENT OF HEALTH. IF ELIGIBLE TO CULTIVATE YOU CAN ALSO DESIGNATE A CAREGIVER TO GROW FOR YOU.
3. What is the allowable amount of marijuana permitted?
WITH RESPECT TO A QUALIFYING PATIENT, THE ALLOWABLE AMOUNT OF MARIJUANA IS TWO-AND-ONE-HALF OUNCES OF USABLE MARIJUANA; AND IF THE QUALIFYING PATIENTS REGISTRY IDENTIFICATION CARD STATES THAT THE QUALIFYING PATIENT IS AUTHORIZED TO CULTIVATE MARIJUANA, TWELVE MARIJUANA PLANTS CONTAINED IN AN ENCLOSED, LOCKED FACILITY EXCEPT THAT THE PLANTS ARE NOT REQUIRED TO BE IN AN ENCLOSED, LOCKED FACILITY IF THE PLANTS ARE BEING TRANSPORTED BECAUSE THE QUALIFYING PATIENT IS MOVING.
WITH RESPECT TO A DESIGNATED CAREGIVER, THE RULES ARE THE SAME.
MARIJUANA THAT IS INCIDENTAL TO MEDICAL USE, BUT IS NOT USABLE MARIJUANA, SHALL NOT BE COUNTED TOWARD A QUALIFYING PATIENTS OR DESIGNATED CAREGIVERS ALLOWABLE AMOUNT OF MARIJUANA.
4. What are the rules for being a caregiver?
IS AT LEAST TWENTY-ONE YEARS OF AGE.
HAS AGREED TO ASSIST WITH A PATIENT'S MEDICAL USE OF MARIJUANA.
HAS NOT BEEN CONVICTED OF AN EXCLUDED FELONY OFFENSE.
ASSISTS NO MORE THAN FIVE QUALIFYING PATIENTS WITH THE MEDICAL USE OF MARIJUANA.
MAY RECEIVE REIMBURSEMENT FOR ACTUAL COSTS INCURRED IN ASSISTING A REGISTERED QUALIFYING PATIENT'S MEDICAL USE OF MARIJUANA IF THE REGISTERED DESIGNATED CAREGIVER IS CONNECTED TO THE REGISTERED QUALIFYING PATIENT THROUGH THE DEPARTMENT'S REGISTRATION PROCESS. THE DESIGNATED CAREGIVER MAY NOT BE PAID ANY FEE OR COMPENSATION FOR HIS SERVICE AS A CAREGIVER.
5. What are the limitations for public consumption?
UNDERTAKING ANY TASK UNDER THE INFLUENCE OF MARIJUANA THAT WOULD CONSTITUTE NEGLIGENCE OR PROFESSIONAL MALPRACTICE.
POSSESSING OR ENGAGING IN THE MEDICAL USE OF MARIJUANA:
1. ON A SCHOOL BUS.
2. ON THE GROUNDS OF ANY PRESCHOOL OR PRIMARY OR SECONDARY SCHOOL.
3. IN ANY CORRECTIONAL FACILITY.
4. SMOKING MARIJUANA:
ON ANY FORM OF PUBLIC TRANSPORTATION.
IN ANY PUBLIC PLACE.
6. What are the rules in regard to driving under the influence?
PATIENT SHALL NOT BE CONSIDERED TO BE UNDER THE INFLUENCE OF MARIJUANA SOLELY BECAUSE OF THE PRESENCE OF METABOLITES OR COMPONENTS OF MARIJUANA THAT APPEAR IN INSUFFICIENT CONCENTRATION TO CAUSE IMPAIRMENT.
NOTE: AS IT CURRENTLY STANDS ARIZONA HAS A DE FACTO DRUGGED DRIVING LAW WHICH MEANS THAT IF YOU TEST FOR ANY DETECTABLE LEVEL OF ANY ILLEGAL SUBSTANCE YOU ARE TECHNICALLY DRIVING UNDER THE INFLUENCE. I WOULD IMAGINE A VARIED FIELD SOBRIETY TEST OR AN ORAL SWAB WOULD BE USED TO DETERMINE RECENT INTOXICATION. THE ARIZONA DEPARTMENT OF PUBLIC SAFETY WILL BE TASKED WITH COMING UP WITH A METHOD FOR TESTING FOR RECENT INTOXICATION.
7. Can I be discriminated against for testing positive for marijuana on a drug test?
NO SCHOOL OR LANDLORD MAY REFUSE TO ENROLL OR LEASE TO AND MAY NOT OTHERWISE PENALIZE A PERSON SOLELY FOR HIS STATUS AS A CARDHOLDER, UNLESS FAILING TO DO SO WOULD CAUSE THE SCHOOL OR LANDLORD TO LOSE A MONETARY OR LICENSING RELATED BENEFIT UNDER FEDERAL LAW OR REGULATIONS.
UNLESS A FAILURE TO DO SO WOULD CAUSE AN EMPLOYER TO LOSE A MONETARY OR LICENSING RELATED BENEFIT UNDER FEDERAL LAW OR REGULATIONS, AN EMPLOYER MAY NOT DISCRIMINATE AGAINST A PERSON IN HIRING, TERMINATION OR IMPOSING ANY TERM OR CONDITION OF EMPLOYMENT OR OTHERWISE PENALIZE A PERSON BASED UPON EITHER:
1. THE PERSON'S STATUS AS A CARDHOLDER.
2. A REGISTERED QUALIFYING PATIENT'S POSITIVE DRUG TEST FOR MARIJUANA COMPONENTS OR METABOLITES, UNLESS THE PATIENT USED, POSSESSED OR WAS IMPAIRED BY MARIJUANA ON THE PREMISES OF THE PLACE OF EMPLOYMENT OR DURING THE HOURS OF EMPLOYMENT.
FOR THE PURPOSES OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANTS, A REGISTERED QUALIFYING PATIENTS AUTHORIZED USE OF MARIJUANA MUST BE CONSIDERED THE EQUIVALENT OF THE USE OF ANY OTHER MEDICATION UNDER THE DIRECTION OF A PHYSICIAN AND DOES NOT CONSTITUTE THE USE OF AN ILLICIT SUBSTANCE OR OTHERWISE DISQUALIFY A REGISTERED QUALIFYING PATIENT FROM MEDICAL CARE.
NO PERSON MAY BE DENIED CUSTODY OF OR VISITATION OR PARENTING TIME WITH A MINOR, AND THERE IS NO PRESUMPTION OF NEGLECT OR CHILD ENDANGERMENT FOR CONDUCT ALLOWED UNDER THIS CHAPTER, UNLESS THE PERSON'S BEHAVIOR CREATES AN UNREASONABLE DANGER TO THE SAFETY OF THE MINOR AS ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE.
So those are the most relevant parts about proposition 203. If you would like to follow up on the entire proposition it can be done here.
http://stoparrestingpatients.org/home/initiative