Medical Marijuana
During the November 2010 elections, Arizona passed Proposition 203, the Arizona Medical Marijuana Act, making Arizona the 15th State to legalize marijuana consumption for medical purposes. The Arizona Medical Marijuana Act amends Title 36 of the Arizona Revised Statutes, by adding Chapter 28.1.
On 13 April 2011, ADHS finally filed its rules with the Arizona Secretary of State. These represent yet FURTHER amendment to the amended rules ADHS released on 28 March 2011. To see these new final (final) rules Amending Arizona Administrative Code, Title 9, Chapter 17, installing regulation under Arizona’s new Medical Marijuana Program, click HERE.
Although Prop 203 passed and ADHS was set to accept dispensary applications in June 2011, on 27 May 2011, Arizona Governor Jan Brewer directed Attorney General Tom Horne to file a Federal lawsuit seeking declaratory relief adjudging Prop 203 illegal and void. In that same act, Governor Brewer directed ADHS not to accept dispensary applications. Governor Brewer’s avowed basis for the Federal lawsuit was concern over her perception of legal uncertainties about Federal preemption, which she felt was supported by the 29 June 2011 letter from Deputy US Attorney James Cole’s follow up letter to the infamous Ogden Memo and the supposed threat to State employees. Thus, the entire dispensary scheme remains on indefinite hold, while the Governor’s Federal lawsuit works its way through the court. [However, despite ADHS' refusal to accept dispensary applications, it continues to accept applications and to issue patient and caregiver cards.]
In response to Governor Brewer’s Federal lawsuit, at least two State court lawsuits have been filed by would-be dispensary operators, seeking mandamus directed at ADHS to require it to accept dispensary applications and to issue dispensary certificates. Like the Federal lawsuit, no result has yet been achieved by any of the parties to these suits. However, on 07 July 2011, in conjunction with counsel from the ACLU, the defendants in Governor Brewer’s Federal lawsuit filed a motion to dismiss the Federal lawsuit for lack of jurisdiction. Approximately one week later, on 14 July 2011, Maricopa County moved to intervene as co-plaintiffs, in aid of Governor Brewer. No oral argument has yet been scheduled.
Although Arizona’s new laws are at odds with the continuing Federal prohibition of marijuana, which remains a Schedule 1 controlled substance, in conformity with the 23 February 2011 State Bar Ethics Ruling, Smith & Craven is proud to offer medical marijuana counseling. Visit our Arizona Medical Marijuana FAQ page HERE.
Amongst the clients we serve are qualified patients, dispensary operators, medical directors, dispensary agents, designated caregivers, and cultivation facilities.
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· Corporate
o Formation
o Operating Agreements
o By-Laws
o Non-Profit Status
o Buy-Sell Agreements
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· Dispensary
o Application Assistance for Dispensary Registration Certificates
o Legal Compliance With Statutes and Rules
o Legal Audits
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· Real Estate
o Landlord-Tenant Issues
o Zoning
o Lease Review and Negotiations
o HOA and Community Association Issues
o Farm Issues
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· Administrative Regulation
o Counseling and Interpretation of Agency Rules
o Advocacy Before AZDHS
o Litigation and Appeal of Adverse Agency Decisions
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· Commerce
o Contracts
o Vendor Agreements
o Employment Agreements
o Policies and procedures for inventory control
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· Construction
o Dispensary and Farm Build-Out and Tenant Improvements
o Site Security Compliance
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