As far as I know, these are the first MMJ arrests that have been made in AZ. Weird, Gilbert cops going to Tempe to make a bust. Seems like BS, but it's Gilbert cops after all.
The reporter writing things like "can get the seeds to grow the drug" is continuing the propaganda. It's a plant, not a drug.
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gilbert-police-tempe-raid-raises-medical-marijuana-questions
Here's the story:
Gilbert police raid of medical-marijuana group stirs debate
by John Genovese - Jun. 23, 2011 11:48 AM
The Republic | azcentral.com
A Gilbert police raid on a Tempe medical marijuana advocacy group is raising questions over whether the sale of the drug from a qualified patient to another qualified patient is allowed.
Gilbert police said five arrests were made last week after officers seized several marijuana plants that were allegedly being grown for sale at the office of the Medical Marijuana Advocacy Group, 2011 E. Fifth St. in Tempe.
Tempe police were unaware of the raid until they were asked to process one of the suspects, who had an outstanding warrant.
Sgt. Bill Balafas, a Gilbert police spokesman, said officers were acting on a tip from a Gilbert informant. Undercover detectives observed several people smoking and purchasing marijuana in the office before additional units were called in, he said.
According to Balafas, of the eight people present during the raid, only two were able to produce valid medical marijuana cards.
The group's founder, Garry Ferguson, disputed that, saying that everyone inside the office had either a valid medical marijuana card or documentation to prove that they met the requirements to use the drug.
Arizona's voter-approved medical-marijuana program allows patients with valid cards from the Department of Health Services to grow their own plants if they live more than 25 miles from an authorized dispensary.
In May, the state attorney general filed for declaratory judgment from the federal government regarding the legality of Arizona's medical-marijuana act. As a result, the issuance of dispensary licenses, which was set to begin in June, has been stalled.
"There is currently no legal way to purchase marijuana in the state of Arizona," Balafas said. "No dispensary licenses have been issued. We're going to respect those people who follow the law."
Ferguson said that Gilbert police are not completely versed in the legislation, which he said allows for card-holding patients to sell to other patients, as long as they, too, have valid medical marijuana documentation.
He cited a portion of the law, ARS 36-2815, that only prohibits selling to someone who doesn't possess valid medical marijuana documentation. The fact that it does not specifically say that marijuana cannot be sold from patient to patient implies that it can, he says.
"I do not act or portray myself as a dispensary," Ferguson said.
Still, questions exist about the legality of where registered patients or caregivers can get the seeds to grow the drug.
"With no dispensaries currently permitted to operate in the state, it's not clear how and where one legally obtains seeds," said Jerry Cobb, a spokesman for the county attorney's office. The Department of Health Services offers no solutions for registered patients, stating on its website that they "cannot advise anyone on where to obtain the means to grow marijuana." As for the legality of patient to patient sales, Cobb simply responded "No."
County prosecutors have yet to see any cases involving medical-marijuana cardholders or possession.
Ferguson said his business serves to guide people through the process of obtaining medical marijuana in Arizona from start to finish, not to act solely as a place to purchase it. The office is a safe haven for members of the group to come and do as they please, he says. If a member of the advocacy chooses to use the drug inside the facility or sell to another registered patient, he believes they have the right to do so.
"People come to me solely to fill out paperwork," he said. "We're here to serve as a friendly advocacy group."
Ferguson said he did not believe any clients were actually arrested during the raid. Rather, they were cited and released.
Balafas said, however, that criminal charges will be filed and that the five suspects will have to appear in court just like any other case.
Ferguson said Gilbert police told him that medical marijuana laws are "up in the air" and that the department will return the cannabis plants back to him after the federal government clarifies the law.
Ferguson said that the fact his plants were taken by police in the first place is violating the new law.
"Anybody and everybody who is a member of this group is allowed to come in and do as they please," he said. "Soliciting is absolutely allowed."
The five individuals were arrested by Gilbert police on suspicion of unlawful marijuana possession.
Ferguson has a valid Arizona medical marijuana patient card, and has yet to face any criminal charges.
The reporter writing things like "can get the seeds to grow the drug" is continuing the propaganda. It's a plant, not a drug.
------
gilbert-police-tempe-raid-raises-medical-marijuana-questions
Here's the story:
Gilbert police raid of medical-marijuana group stirs debate
by John Genovese - Jun. 23, 2011 11:48 AM
The Republic | azcentral.com
A Gilbert police raid on a Tempe medical marijuana advocacy group is raising questions over whether the sale of the drug from a qualified patient to another qualified patient is allowed.
Gilbert police said five arrests were made last week after officers seized several marijuana plants that were allegedly being grown for sale at the office of the Medical Marijuana Advocacy Group, 2011 E. Fifth St. in Tempe.
Tempe police were unaware of the raid until they were asked to process one of the suspects, who had an outstanding warrant.
Sgt. Bill Balafas, a Gilbert police spokesman, said officers were acting on a tip from a Gilbert informant. Undercover detectives observed several people smoking and purchasing marijuana in the office before additional units were called in, he said.
According to Balafas, of the eight people present during the raid, only two were able to produce valid medical marijuana cards.
The group's founder, Garry Ferguson, disputed that, saying that everyone inside the office had either a valid medical marijuana card or documentation to prove that they met the requirements to use the drug.
Arizona's voter-approved medical-marijuana program allows patients with valid cards from the Department of Health Services to grow their own plants if they live more than 25 miles from an authorized dispensary.
In May, the state attorney general filed for declaratory judgment from the federal government regarding the legality of Arizona's medical-marijuana act. As a result, the issuance of dispensary licenses, which was set to begin in June, has been stalled.
"There is currently no legal way to purchase marijuana in the state of Arizona," Balafas said. "No dispensary licenses have been issued. We're going to respect those people who follow the law."
Ferguson said that Gilbert police are not completely versed in the legislation, which he said allows for card-holding patients to sell to other patients, as long as they, too, have valid medical marijuana documentation.
He cited a portion of the law, ARS 36-2815, that only prohibits selling to someone who doesn't possess valid medical marijuana documentation. The fact that it does not specifically say that marijuana cannot be sold from patient to patient implies that it can, he says.
"I do not act or portray myself as a dispensary," Ferguson said.
Still, questions exist about the legality of where registered patients or caregivers can get the seeds to grow the drug.
"With no dispensaries currently permitted to operate in the state, it's not clear how and where one legally obtains seeds," said Jerry Cobb, a spokesman for the county attorney's office. The Department of Health Services offers no solutions for registered patients, stating on its website that they "cannot advise anyone on where to obtain the means to grow marijuana." As for the legality of patient to patient sales, Cobb simply responded "No."
County prosecutors have yet to see any cases involving medical-marijuana cardholders or possession.
Ferguson said his business serves to guide people through the process of obtaining medical marijuana in Arizona from start to finish, not to act solely as a place to purchase it. The office is a safe haven for members of the group to come and do as they please, he says. If a member of the advocacy chooses to use the drug inside the facility or sell to another registered patient, he believes they have the right to do so.
"People come to me solely to fill out paperwork," he said. "We're here to serve as a friendly advocacy group."
Ferguson said he did not believe any clients were actually arrested during the raid. Rather, they were cited and released.
Balafas said, however, that criminal charges will be filed and that the five suspects will have to appear in court just like any other case.
Ferguson said Gilbert police told him that medical marijuana laws are "up in the air" and that the department will return the cannabis plants back to him after the federal government clarifies the law.
Ferguson said that the fact his plants were taken by police in the first place is violating the new law.
"Anybody and everybody who is a member of this group is allowed to come in and do as they please," he said. "Soliciting is absolutely allowed."
The five individuals were arrested by Gilbert police on suspicion of unlawful marijuana possession.
Ferguson has a valid Arizona medical marijuana patient card, and has yet to face any criminal charges.
