Az cultivation rights.
- Thread starter Ringsixty
- Start date
mrbill
Active Member
I just renewed my AZDHS MM card even though my original card doesn't expire until the end of September. My understand (from reading on the AZDHS website) is: If there is a Dispensary OPERATING within 25 miles when you RENEW your card, your lose your rights to cultivate. They won't be looking up patients that have existing cards and asking for a "redo."
Also, I was surprised to see that even though I renewed the first week in August, the RENEWAL Card doesn't become effective until my original card expires at the end of September. My renewal card keeps the original expiration date. So even if someone opened a Dispensary next door tomorrow, I can still cultivate. Again, the right to cultivate is determined when you RENEW, not after you get your card.
Also, I was surprised to see that even though I renewed the first week in August, the RENEWAL Card doesn't become effective until my original card expires at the end of September. My renewal card keeps the original expiration date. So even if someone opened a Dispensary next door tomorrow, I can still cultivate. Again, the right to cultivate is determined when you RENEW, not after you get your card.
UnderBelly
Active Member
Cultivation is a privilege, not a right. It might be a better angle to refer to it as a license.
The way the DHS evaluates this is at card renewal or when authorization is requested by a qualifying patient with an existing card.
They will take the patient's address and the address of the nearest dispensary that is operating on the day that they issue the card, and measure it in a straight line.
Many of us have gotten card renewals. Obviously there are no dispensaries operating, so the renewals have authorization still.
Also you can get your renewal up to 90 days ahead of expiration, which many of us did, because of the fear and doubt associated with the big lottery and so forth. We got renewal cards with an issue date in the future, with "Authorized to Cultivate" established for a year from that future date. The way I see it, that's long enough to get serious about moving to Oregon or Colorado.
I expect there to be no lawful individual cultivation in this state after 2013. Sure, there will be places where it will be allowed, but not any place where I could make a living.
There's an election coming up and there is no marijuana legalization initiative on it. I see that as us missing our last chance.
UnderBelly
Active Member
If you don't have authorization on your card, you can request it the day they shutdown the dispensaries.
So here is a scenario that I expect to see:
1. Dispensaries open up and people start getting renewals without cultivation.
2. Patients get organized and start calling in the DEA on the dispensaries.
3. Dispensaries shut down for the week or so that is required to get your card updated.
Has this possibility not occurred to you?
HB DC
Active Member
Thats what Our countrymen are the best at doing... Taking rights and converting them to privileges!
Your opinion is far from fact mate!! But the ideology has been branded in alot of folks! It is a shame to see it happen!
Traveling on public highways has been an inalienable right since day one!! Now we have the MVD telling everyone driving is not a right but a privilege. What they lack to tell you is conducting commerce on public highways require a drivers license but merely traveling doesn't constitute a need for a drivers license.. Conducting commerce requires a license and registration on public highways!! The same principles apply to every right the is slow being converted to a privilege.. Look up the definition of a "Motor Vehicle" .. What do you find? A motor vehicle is defined as a "commercial" vehicle.. Thats why I travel on the public highways in my Automobile. It is One's right to travel on all public highways! This situation reminds me of the AzDHS MMJ Program!
Back to the topic...
I tried to renew and received a message saying contact the Arizona Dept. of Health Services..
Is the AZDHS Shut Down??
HB DC
Active Member
Do you realize calling the popo is not in anyone's book of fixing an issue!!
What if someone doesn't like you for the legal use of Medical Marijuana under State law but they in return calls the DEA on your tail... How would you feel?
If the AzDHS was compromised by the FEDs consider all your info compromised and the same goes for every patient & caregiver - address, caregiver, cultivating or not, current photo so on...
Please read the Arizona Medical Marijuana Act before misinforming folks! As a informed community good shall come but with non sense opinions that are your opinions which I respect but do not see facts! I get tickled when I see honest opinions displayed as fact! No question is a dumb question... Have you read the AzMMA?
There are better options....
A wise person would stop cultivating if the AzDHS denies them of their cultivation rights... Shortly after they should go downtown to the Superior Court of Maricopa filing litigation for a Declaratory Judgement and an injunction against the AzDHS and others... With prayer of relief from prosecution for the need of medicine that can't be afford from a dispensary.
But truly I see no dispensaries in AZ... I think Mr. Montgomery beat you to the punch... He plans to enforce federal laws against those in line with state laws!!
boneheadbob
Well-Known Member
I keep saying that AZ State screwed the pooch when they allowed almost 30,000 a license to cultivate.
Now they expect everyone to toss their grow equipment and use the disp. I may not be the sharpest tool but I expect some if not all the disps to have troubles. Troubles with the feds and trouble keeping the disp supplied.
So what happens a year from now when joe law abiding citizen has quit growing and the feds shut down the disp? Or the disps cannot supply themselves?
Lots of problems on the horizen. Only one solution and thats wide open cultivation.
Now they expect everyone to toss their grow equipment and use the disp. I may not be the sharpest tool but I expect some if not all the disps to have troubles. Troubles with the feds and trouble keeping the disp supplied.
So what happens a year from now when joe law abiding citizen has quit growing and the feds shut down the disp? Or the disps cannot supply themselves?
Lots of problems on the horizen. Only one solution and thats wide open cultivation.
boneheadbob
Well-Known Member
There is another option for some of us and thats if you qualify as a hardship case. If you dont have a job, have not had one recently and dont expect one anytime soon you are hardship qualified
UnderBelly
Active Member
I believe we face this risk every day. But there is a difference. The feds can be expected to shut down dispensaries. It won't be the first time. But to be the first MMJ patient in the state to have a federal case made for them? Possible but unlikely.
I have read the law and the rules. I have some legal education as well, and I think I have a much better understanding of the law and the rules and how they would be applied in a civil or criminal court than most lay people. What's your point in suggesting that I haven't read the law? What misinformation am I spreading?
The only person who has so far tried to make a real case on the 25-mile rule, seems to have also gotten in trouble for a grow operation with more plants than anyone is allowed to have under any circumstances, destroying his own case and pretty much ending any chance of the matter being raised again.
Time will tell.
UnderBelly
Active Member
You accuse me of trolling, but I am 100% serious. We have already missed the deadline to take the one action that can be effective, and that was to get a new initiative on the 2012 ballot.
I get the impression that there are more people who will be willing to grow illegally, than who are willing to make an organized campaign against the dispensary exclusivity.
UnderBelly
Active Member
It is a legal reality that the authorization to cultivate does not confer a "right" to you. I apologize if that offends you.
Idealistically, I agree with you, but I am being practical here. The legal reality is that the state grants you a license to do something that would not be legal for you to do under any circumstances without that license. And I encourage you to think of it in those terms, because it turns out that marijuana is not alone in that category. This might turn out to be useful in the face of the whole "federal supremacy" thing.
I'm not getting into the whole drivers' license argument with you.
No... have you contacted them? How did you process your renewal?
UnderBelly
Active Member
If Equal Protection meant anything, no dispensary agent would be allowed to open up within 25 miles of any patient who was cultivating. It's the asymmetry of this arrangement that gets under my skin. Somebody else gets a privilege at my expense -- They get the same privilege that I am denied, IN ORDER to give it to them. They are corporations and we are human beings. But Corporations are People and Human Beings are not.
RedbullGivesYouWings
Active Member
dispensaries, no dispensaries, card, no card... Ill still be doing what I have been doing for years haha
HB DC
Active Member
The states can not authorize a license for something that is illegal on the Federal Books - PERIOD!
That is why dispensaries will not be here long same goes with the Medical Marijuana Program... The Medical Marijuana Act is here to stay on the other hand!!
The Medical Marihuana Program & The Arizona Medical Marihuana Act are 2 separate entities... When you realize this mate, the AzMMA starts to make alot more sense!
A.R.S. 36-2818(C) Enforcement of This Act; Mandamus
C. If at any time after the one hundred forty days following the effective date of this chapter the "department" is not accepting applications or has not promulgated rules allowing qualifying patients to submit applications, a notarized statement by a qualifying patient containing the information required in an application pursuant to section 36-2804.02, subsection A, paragraph 3, together with a written certification issued by a physician within the ninety days immediately preceding the notarized statement, shall be deemed a valid registry identification card.
All you are is a fucking troll. Every post from you is a pessimistic cry or warning slightly based in reality. You are so negative all the time and never contribute anything positive and you refuse to listen to any conflicting view other than your own even though it is obvoius your point is refuted or not based in reality. For instance what the fuck are you talking about that we missed our last chance to change something. There is a another election you fucking moron in two more years and do you even know how long it takes to get an initiative on the ballot have you looked at the rules or are you just full of shit and have verbal diarrhea. On your other misinformed point did you talk with bill Hayes about what happened in his case? Did you read the judgement issued by the judge? Do you know that the case against bill Hayes is going no where. From what you relate about the situation you are far less informed than you think. I really did not want to go into all this because I don't think responding to you is really worth the time seeing as you are just a troll. But void incessant negative and obnoxious posts clog up these otherwise informative and entertaining threads.
mrbill
Active Member
Not to add to the confusion, but even though a lottery was held for those wanting to open a Dispensary. I do not believe the Town or City is obligated to open one. In other words if the Town of Flagstaff did not want one; the City would not have to allow one to open. The MMJ law only determined how many total Dispensary's would be allowed in the State. I don't believe any town or City is legally required to have one. If that were the case can you imagine someone winning a lottery to open one in Colorado City?? AZDHS does not get to make that FINAL determination. So there is hope one may NOT be coming near you.
greywind
Well-Known Member
I'm not sure if a city can disallow dispensaries or not, but here's a somewhat related article about Gilbert and the zoning restrictions it's put in place for these businesses.
http://www.azcentral.com/news/articles/2012/08/03/20120803gilbert-medical-marijuana-applicants-await-lottery.html
UnderBelly
Active Member
Is that all you have to say, irieie? I'd like to give you one chance to apologize for taking the effort to go to the level of personal insults, and note that I have never done so myself. I have never addressed anyone on this forum, and certainly not you, with profanity or personal insults. But you have done that to me. That leaves me on the high ground, no matter who you are or what you say.
I am supposedly not worth the time to respond, yet you have plenty of time to do it anyway, apparently because you get some kind of excitement from putting me down personally and cussing at me.
Good luck with that.
Lucius Vorenus
Well-Known Member
Dude. Fuck the haters. You are buying into one of the biggest haters on the forums bait.
Lol