Arizona Legalization Question?

USNDEVIL

Member
Wow! This thing is not over yet. It is just trailing by 6,800 votes and the Arizona Secretary of State just announced that they still have 374,000 early ballots yet to be counted. 218,000 of those are from Maricopa county and the rest are from Pima and Pinal counties. Everybody that I know in that state voted early and their voices have yet to be heard. I have a feeling that the most compassionate about 203 all voted early and they will be the majority of that 374,000 remaining voters...all that they need is 51% of the remaining vote. I think that they are going to do it....what do you guys think?
 

USNDEVIL

Member
I am currently in Mesa, AZ and that is not true. It is true that it is down by 6,800 votes and that 100% of precincts have reported but that was only for the day of the election votes. The Secretary of State announced this afternoon that they still have 374,000 early and provisional ballots still to be counted. If they get 51% of the remaining vote they win. Arizona completely underestimated how many early ballots they still had left to be counted. All that I know is everybody that I know that lives here voted early. I would imagine that most of the people who voted early supports prop 203.
 

mr2shim

Well-Known Member
I am currently in Mesa, AZ and that is not true. It is true that it is down by 6,800 votes and that 100% of precincts have reported but that was only for the day of the election votes. The Secretary of State announced this afternoon that they still have 374,000 early and provisional ballots still to be counted. If they get 51% of the remaining vote they win. Arizona completely underestimated how many early ballots they still had left to be counted. All that I know is everybody that I know that lives here voted early. I would imagine that most of the people who voted early supports prop 203.
Yea, I would imagine so. I wish you guys out there the best, way over here in the 1930's(south) we're still happy to bust people for 1 plant.
 

SOGfarmer

Well-Known Member
If Pro 203 (the legalization of medicinal marijuana) passes in Arizona next year, what will the regulations be on growing and distributing marijuana as a "Caregiver."
 

USNDEVIL

Member
A little clarification on Arizona's Prop 203. Anyone who reported that it lost has jumped the gun. It has not officially been defeated. In fact...Prop 203 is not the only race in Arizona that is still up in the air. They still have 2 other propositions that are only separated by a few thousand votes and can turn around just like that. The Attorney General race is still up in the air as well as there are 374,000 early and provisional ballots still left to be counted according to the Arizona Secretary of State. Most of the races in Arizona have been decided but these 3-4 races will still march on until every last early and provisional ballot have been verified. They said this process can take anywhere from 7-10 days....they have until November 12th.

Prop 203 is currently trailing by almost 7,000 votes. All that means is that they need to make up over 7,000 votes in 374,000 remaining votes. They need just 51% of the remaining vote to win. Everyone that I know that invested in this cause all voted early. Most people who vote early IMO tend to have their heads on straight and know more about what they are voting for instead of the average citizen on the day of the election who just tend to vote along party lines. Prop 203 has been trailing this whole time but they were down by as much as 40,000 votes on Tuesday night and have made up some serious ground since. Most of these votes that are left are based out of Maricopa and Pima counties and I woudn't be surprised if the YES crowd outnumbers the No crowd from here on out. It is not over until it is over!!! Go Prop 203!!!
 

USNDEVIL

Member
If Pro 203 (the legalization of medicinal marijuana) passes in Arizona next year, what will the regulations be on growing and distributing marijuana as a "Caregiver."
To answer your question...to be a caregiver a couple of things need to happen. Number 1...whoever you are providing to needs to live atleast 25 miles away from a local dispensary. Number 2...you can't have been convicted of a felony or any drug charges. Number 3...you would have to be approved by the Arizona Department of Health who has been tasked to oversee the entire program but are limited to mostly administrative responsibilities like business licenses and applications. Most cities have already zoned for locations on where dispensaries would be allowed to set up. I wish that they would have allowed any patient to grow instead of the patients who are 25 miles outside a dispensary. I find it hard to believe that any resident in populated Maricopa county isn't going to have a dispensary within 25 miles of there residence. Since there will be a dispensary for every 10 pharmacies in the State that would allow for atleast 125 dispensaries statewide as of now.
 

USNDEVIL

Member
203 update!!

No 695,802 50%

Yes 691,954 50%

That is a difference of 3,848. The difference was around 6,900 before today. They had 374,000 votes as of yesterday and it looks like they went through 64,067 ballots today. So they still have almost 310,000 ballots left to count. Out of the ballots counted today the YES side took 52.4% of the vote and the No side took 47.6. I have a feeling this thing is going to pass.
 

USNDEVIL

Member
Damn. So, let me re-phrase that then. Is a "caregiver" different than someone who grows marijuana to supply dispensaries? How does/would that work?
Well...Prop 203 passes!!! So good for you! To answer your question I think if you apply for a license to own a dispensary you can grow for the sake of your business without limitations. As far as caregiver status...I think it is only 12 plants per patient and I am not sure how many patients that you would be permitted to provide for at one time. I think that those details are still being hammered out as we speak. Good Day for the Medical Marijuana community!
 

budalushious

Active Member
Happy daze.....................................203 has unofficaly passed. Aside from all the new legalaties at least we can now present a medical defense in court.....................
 

USNDEVIL

Member
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 PATIENT’S 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 PATIENT’S OR DESIGNATED CAREGIVER’S 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 PATIENT’S 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
 

growone

Well-Known Member
a fairly strict MMJ, but you have to start somewhere, NY's looks to be very similar, maybe this year
but i'll give the authors of 203 their due, this was the most liberal proposition you could have gotten by the Arizona voters, you can't have a vote much closer
 

USNDEVIL

Member
a fairly strict MMJ, but you have to start somewhere, NY's looks to be very similar, maybe this year
but i'll give the authors of 203 their due, this was the most liberal proposition you could have gotten by the Arizona voters, you can't have a vote much closer
Well...strict on policy of personal cultivation and dispensary operations but as far as approved medical conditions "chronic pain" kinda opens the door for almost anyone to optain a recommendation. I think they wrote a pretty good initiative. I like the DUI and discrimination protections that so many other MMJ states don't have.
 

growone

Well-Known Member
Well...strict on policy of personal cultivation and dispensary operations but as far as approved medical conditions "chronic pain" kinda opens the door for almost anyone to optain a recommendation. I think they wrote a pretty good initiative. I like the DUI and discrimination protections that so many other MMJ states don't have.
i do see they have a 'severe' qualifier on the chronic pain
NY's wording is very similar, doesn't use debilitating but severe instead
i'm am also hopeful this will widen the availability, but have a wait and see perspective
best of luck to Arizonians, the first step of a long journey
 

veggiegardener

Well-Known Member
There will be very little reduction in arrests, if I'm reading this right. Those that qualify are those that are pretty much left alone, anyway.

I don't like the fact that patients will apparently be forced to purchase their meds if they live within 25 miles of a dispensary.

If there's an appeal, this restriction may be found unconstitutional under the idea of "Equal Protection".
 

USNDEVIL

Member
There will be very little reduction in arrests, if I'm reading this right. Those that qualify are those that are pretty much left alone, anyway.

I don't like the fact that patients will apparently be forced to purchase their meds if they live within 25 miles of a dispensary.

If there's an appeal, this restriction may be found unconstitutional under the idea of "Equal Protection".
That is definitely the most disturbing part of this initiative. Not everybody is going to be able to afford dispensary prices. Growing your own literally costs pennies on the dollar. I think only giving cultivation protection to any patient outside 25 miles is just ridiculous.

So...if I live within the 25 miles and don't get permission from the Department of Health, I can possibly be imprisoned and face a possibility of having my property seized by the government. Seems to me that I am facing a ridiculously huge punishment on a technicality. This is about the medicine...why are you going to extend this protection to only patients who live on the outskirts of town? I mean...I can understand if there was some huge taxation at stake, but there isn't. Only taxes that they can get is state sales tax and whatever they charge for the application process. I know that if I end up moving back there, I am not going to want to base where I live off of this stupid rule. I can't afford dispensary prices, and I pretty much need my medication to function sometimes. :finger:Screw you:finger:, I am going to grow my own medicine because I don't have a choice with my financial situation. If I somehow get discovered and arrested. I will fight and appeal every ruling until that provision is deemed unconstitutional. Other than that...I like everything else.
 
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