25 Mile Rule- Good News?

[mofeta]

The most insidious part of the Arizona medical marijuana law, the "25 mile rule", (prohibiting cultivation by patients within a 25 mile radius of a dispensary) may be modified soon.

Will Humble, the director of the Arizona Department of Health Services has announced today that:

We’re also planning to make some modifications to the “25-mile rule” (measuring by road rather than “as the crow flies”),

This is good news. I hope that the 25 mile rule is abolished eventually, but this modification is a welcome compromise for now.

I wonder if Humble is just trying to be reasonable, or does he have some knowledge of which way the judicial winds are blowing, trying to make a compromise that would prevent getting rid of the rule altogether?

 

[wolfhoundaddy]

I always wondered how they would do the Grand Canyon. Ten miles across by sight, twenty something if you hike, and probably couple hundred if you drive.

I don't expect any good will from Will Humble, unless coerced.

They have to respond to a suit against the 25 mi. and no cultivation rule as it pertains to having a monopoly on health care. There is a guy who posts on 'Roll it up' Az forum, that introduced the action.

 

[rbt]

Arizona Health Insurance Reform Amendment, Proposition 106 (2010)\

An Arizona Health Insurance Reform Amendment, also known as Proposition 106, or HCR 2014, was on the November 2, 2010 ballot in Arizona as a legislatively-referred constitutional amendment, where it was approved. Approved State legislators in both the Arizona State Senate and Arizona House of Representatives voted to put the measure before the state's voters. The proposed amendment to the Arizona Constitution was sponsored by state representative Nancy Barto.[1][2]
Proposition 106 was proposed to amend the Arizona Constitution by barring any rules or regulations that would force state residents to participate in a health-care system. The proposed amendment would also ensure that individuals would have the right to pay for private health insurance.[3]

This essentially says that since it has been voted on and approved twice by the voters that it is not legal under Arizona constitution to demand where or how a patent is to get his medical delivery or mandate how he is to do it. That argument is up in front of the district court of appeals. the lower courts on the state side have upheld the states right the federal courts have let it go to the appeals and they have agree to hear it. so the 40% tax that the state charges at the dispensaries put Arizona at one the highest states for the price of medical marijuana. This only maintains the price and flow at the border.

 

[Sforza]

That is good news! My land is within 25 miles from Globe as the crow flies, but more than 25 miles by road. I hope this goes through.

 

[Madjag]

I vote for the idea that Humble is making a pre-emptive strike. As you postulate, he knows the winds are changing and in fact the current lawsuits might make the 25-Mile rule disappear. Just need the right judge.

I believe that once legalization is on the ballot, Arizona will make it so. Humble Pie won't have such a pivotal position at that time.

 

[azez]

there are two cases pending a ruling this month
peace
ez

 

[Sforza]

Excellent point, Madjag. I think the not so Humble, is only changing the rules so that he can forestall having the 25 mile rule thrown out all together. By using the road distance instead of as the crow flies, he can seem to be less unreasonable and the 25 mile rule seen as less onerous.

 

[Sforza]

EZ, I saw where the hearing were supposed to happen this month, but isn't Humble trying to delay things so that it moves forward as slow as possible?

 

[Sforza]

As you say, Madjag, all it takes it the right judge, but wouldn't the State have more resources available to try to steer the case to the wrong judge?

 

[Sforza]

mofeta, it does seem like things are moving in the right direction. I started smoking pot when I was a 17 year old freshman in college. It did not take me long to realize that pot was a lot less dangerous than beer. For a person who was brought up to respect authority, realizing the big lies about pot and Vietnam turned me into a skeptic.

I never would have believed that it was going to take this long before sanity came to the law regarding pot. All the folks who were trying to put me in jail for smoking pot back then have died and you would think that most people alive now would have at least tried pot for themselves and realized that it is not a dangerous drug.

 

[bluepeace]

Judge ruled on case on the 14th not Billy's case but a similar suit. She throw the case out because of the Merritt and basis of the case. She did tell the 2 men they May have a case if presented differently. Still waiting to hear some thing on the Hayes case fingers crossed!

 

[Madjag]

Medical marijuana patients across the state got great news from the Arizona Supreme Court on April 22, 2014, when the judges ruled that police can’t charge drivers with being under the influence simply based on the presence of metabolites of cannabis in their blood.

The ruling comes in the case of Hrach Shilgevorkyan, a Valley man pulled over in late 2010 for speeding and unsafe lane changes. Officers suspected Shilgevorkyan was impaired, and he admitted using marijuana the night before, so his blood was drawn. No alcohol was found, but Shilgevorkyan’s blood tested positive for carboxy-THC, a byproduct of marijuana that can linger in blood for days or even weeks, and he was charged with DUI.

Shilgevorkyan asked the justice court to dismiss the case, arguing that he wasn’t impaired and hadn’t used cannabis before driving. The justice court dismissed the case. The dismissal was affirmed in Maricopa County Superior Court, but the Arizona Court of Appeals reversed that decision. Shilgevorkyan then appealed to the Arizona Supreme Court, which threw out the DUI conviction and offered its interpretation of the DUI statute.

The high court based its decision on the legislature’s intent to prevent impaired driving, not merely to prevent driving with evidence of marijuana use in blood. Because carboxy-THC does not cause impairment, the court ruled, it can’t be used as evidence to prosecute drivers. Hydroxy-THC – a metabolite that does cause impairment but is undetectable in blood within hours – can still be the basis for a DUI charge, the justices said.

Shilgevorkyan’s victory is of interest to almost every medical marijuana patient in the state, because virtually all patients have carboxy-THC in their blood at all times. We’re glad the court has struck down this unfair DUI statute. The ruling is a big relief for patients across Arizona.

- from the Bloom Dispensary Blog - April 24, 2014

 

[Sforza]

paper thorn gave us a head's up about this a while ago.

https://www.icmag.com/ic/showpost.php?p=6315438&postcount=12

 

[g0dzilla]

http://azdailysun.com/news/local/st...cle_57453c0c-3005-11e4-b6c3-0019bb2963f4.html

 

[azez]

I wish he would have hired an attorney and doesn't fuck this up

 

[rbt]

Here is an interesting article posted in Atlanta. I know it is not AZ but in the imperial valley and south & west of Phoenix. they have genetically made corn to 3 cuts a year or plant alfalfa 2 cut and 2 with corn interesting since the southern part has fantastic UVB and is in the 32 deg. lat. plenty of sun water and natural protection from just about everyone and thing. It has been going on for sometime here hard to detect from the air I done sparsely around the field. BUT if brought in commercial hemp for fiber it will pollinate your grow to dirt and if you go into a controlled grow with that pollen all over you dirt again.

http://www.theatlantic.com/kaitlin-stack-whitney/

 

[azez]

What?

 

[Madjag]

no, WTF?

 

[stoned-trout]

its a bullshit law.....guess if I lived within 25 miles I would have to burn down a dispensary or 3 lol

 

[ArizonaMeds]

I live in Arizona (obviously sorry lol) and the law really sucks and is totally made to ensure the dispensary owners get rich.
The worst part is they can charge what they please and there's not a thing the patients can do about it.
We just continue to do what we've always done, stay underground.