The state of Arizona has been rejecting applications for permits to open Arizona medical marijuana dispensaries, pending a ruling by a federal judge regarding legality.
The director of the Arizona Department of Public Health, Will Humble, who is responsible for regulating and managing Arizona’s Medical Marijuana Program, which issues Arizona medical marijuana cards for patients, and permits for Arizona medical marijuana dispensaries, recently rejected an application from respected Arizona physicians to gain a permit so they could open a nonprofit medical marijuana dispensary.
Voter approved law that took effect in mid-April (2011) approved up to 125 medical marijuana dispensaries, a number that was proportionate to 10% of the pharmacies in the state, so that patients who hold Arizona medical marijuana cards could gain access to the medication they need without having to grow it themselves or purchase it illegally from pot dealers.
The state governor, Jan Brewer, has filed a federal suit to get a ruling on any possible federal legal repercussions that could stem from AZ employees issuing Arizona medical marijuana cards or dispensary permits to ensure that they are protected from federal prosecution.
While the state will still be issuing Arizona medical marijuana cards until a ruling is passed down, they have refrained from issuing dispensary permits until such time.
Marijuana is still classified as a Schedule 1 Drug by federal law, and the state fears employees will be prosecuted for trafficking a controlled substance. So the governor has filed suit to get a ruling, really advice, from a federal circuit judge regarding the matter.
Humble told the East Valley Tribune on Wednesday that, “I’m a public health official. I’m not a lawyer. So I have to rely on the lawyers to provide me with good advice on actions we should take where public health issues intersect with the law,” he said
Ryan Hurley, attorney for the Virtue Center, which is the physician group that was denied a permit, told the East Valley Tribune on Wednesday that, “At the end of the day, what’s happening is the law voters enacted is not going into place. Patients are going to suffer,” he said.
Dr. Richard Strand, one of the physicians who has invested money in the Virtue Center and its planned dispensaries, said that, “We want to allow patients in need and their caregivers not to have to go to the dark streets and back alleys to find medical marijuana.”
The Virtue Center plans on filing a suit against the state in the near future.
Currently there are about 4,000 approved holders of Arizona medical marijuana cards and 100 registered caregivers. Until the dispensaries are open, they will have to find another means of procuring their medicine.
When and if dispensaries open, patients can legally buy up to 2 ½ ounces every two weeks. If they live 25 miles or more away from the dispensaries, they can grow their own cannabis for medicine.
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