Law News

March 28, 2011

Medical Marijuana Dispensary Registration Certificates

Arizona Medical Marijuana Update
A closer look at how Arizona dispensary registration certificates will be allocated and awarded by ADHS to medical marijuana dispensary applicants.

March 28, 2011 News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
According to announcements made on ADHS website, the first issuances of for registration of dispensary certificates will begin in May 2011. They will be allocated according on the basis of what is known as the “Community Health Analysis Areas (CHAAs)”. The CHAAs were created six years ago. They are community-based locations made up of small geographic areas. These areas were designated as units. Although smaller in geographic locations, they are large enough in population to base a statistical analysis.

The ADHS will initially award dispensary registration certificates as outlined in R9-17-302 of the final draft rules and regulations. Here’s what we know:

1) In the event there is only one “complete and compliant application” received for medical marijuana dispensary in a particular CHAA, that dispensary applicant will be awarded a certificate without contents.

2) However, if more than one compliant application is received by ADHS for a dispensary in the same CHAA area, they will “randomly” award the certificate to one of the two or more dispensary applicants. That choice will be made in a public forum to be held at a later scheduled date in the summer of 2011.

A medical marijuana dispensary applicant who has been awarded a registration certificate must obtain approval from the ADHS to operate as a dispensary prior to beginning operations. The application procedures for the approval of the dispensary operations are outlined in section R9-17-304 of the final draft rules.

Refer to the Arizona Department of Health Services Official Website for latest news and expanded information http://www.azdhs.gov/prop203/calendar.htm .
News Source: Official ADHS Website

March 27, 2011

MEDICAL MARIJUANA ACT NEWS UPDATE

by James E. Novak, P.L.L.C.

Final rules scheduled to be published for implementation of the Arizona Medical Marijuana Act March 28, 2011…and a look at what’s next.

March 27, 2011 News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
You can look for the final rules to be published by ADHS tomorrow, March 28, 2011,
Also, at the ADHS website you can “map your location” to obtain current information about the dispensary application process in your areas.

As a refresher, under the provisions of the Arizona Medical Marijuana Act (AZ Prop 203) the AZDHS has until April 13, 2011 to adopt a regulatory system for implementation and distribution of medical marijuana.

Through an exempt rule making process this system will include methods for approving, renewing, and if applicable, revocation of registrations for the following entities:
:
1) Qualifying Patients,
2) Caregivers,
3) Nonprofit Dispensaries,
4) Dispensary agents
The ADHS has been a key player in keeping the public involved and informed as to their efforts. They have thus far met every deadline they set on or before the scheduled date. Here’s a look at what’s next on their agenda of milestones:

• April 2011: Applications will begin to be accepted for qualified patients and caregivers, by ADHS.
• May 1, 2011: Applications for dispensary registration certificates will begin to be accepted by ADHS.

Refer to the Arizona Department of Health Services Official Website for latest news and expanded information http://www.azdhs.gov/prop203/calendar.htm .
News Source: Official ADHS Website

February 25, 2011

COTTSDALE JAIL SPACE FOR RENT

by James E. Novak, P.L.L.C.

February 25, News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
On March 1, 2011 Scottsdale Police plan to rent space to defendants in other cities valley-wide convicted of non-violent misdemeanors including Arizona DUI charges for up to 48 hours. This alternative is being offered in lieu of spending that time in Maricopa County’s Tent City or Maricopa County Jail.

No one wants to do time for an AZ DUI conviction under the harsh conditions of Sherriff Joe’s Tent City. So the question is “what’s the catch?”
First, it’s not about comfort for the defendants. Basically, it boils down to money issues. The city of Scottsdale faces a $20 million deficit for next fiscal year’s budget. The idea is to bring in $700,000 from this 6 month pilot program to rent the jail space in the Scottsdale Detention Facility. But some speculate whether or not it makes sense. Officials indicate that that it costs the city approximately $500,000 to keep the jail facilities opened. Scottsdale hopes to offset existing costs, of keeping its two jail facilities opened, and earn a $200,000 in profit to help the budget. The primary Scottsdale booking facility is the down town jail on 75th street in Scottsdale AZ. The facility where they will be renting the space is the Scottsdale via Linda Detention Center.

Scottsdale City officials feel it will help the over populated Maricopa County jail and Tent City because some valley cities in Maricopa County, such as Mesa AZ, do not have the space or capacity to hold defendants overnight. If the 6 month trial fails, officials report that the City of Scottsdale may have no choice but to consider ceasing operations and closing the building down.

Other concerns are that there are only eight additional beds available for out-of city defendants, because the other six are being used to accommodate convicted defendants from Scottsdale City Court.

So how do defendants opt in? Well, besides the Arizona Criminal Justice system’s tape, several other things need to happen. For one, there needs to be room available at the Scottsdale via Linda facility. Eight beds do not sound like a lot. Considering the program is available to valley wide cities, the “no vacancy” sign might light up sooner than expected. And Two, it will cost the defendant $189.00 per day, out of their own pocket to stay at the Scottsdale via Linda jail. Ouch…on a good day, $189.00 that could pay for a nice room at some of the valley’s best hotels and resorts.
Article Resource Used: AZCentral.com, Arizona Republic Newspaper, & Local Fox News Television Station.

February 24, 2011

Synthetic Marijuana (Spice) Bill Signed Permanently into Law; Effective Immediately

by James E. Novak, P.L.L.C.

On February 18, 2011 synthetic Marijuana Bill HB 2167 was signed into law, permanently banning use, possession, or sale in Arizona.

February 24, News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
The permanent ban has now been signed into Arizona law by Governor Jan Brewer, which takes effect immediately. Synthetic Marijuana (fake pot) was found to be responsible for such severe and sometimes fatal conditions including but not limited to seizures, strokes, high blood pressure, visual disturbances, heart dysfunctions and more. The synthetic Marijuana chemical compounds were found to be 700 times more potent then the authentic substances of the active ingredients in Marijuana.

Bill Montgomery, Maricopa County Attorney stated that those using, possessing or selling this drug should “consider themselves on notice”. He vowed to aggressively prosecute those who have been charged or arrested for using, possessing or selling synthetic marijuana; and that this and similar drugs pose a threat to the citizens of Maricopa County.

Sources: Office of the Governor, and Local Television News Agencies.
This news is a follow-up article to www.Arizonacriminaldefenseattorneyblog.com dated December 15, 2010 regarding Temporary Ban on use of synthetic or fake Marijuana also known as Spice: http://www.arizonacriminaldefenseattorneyblog.com/cgi-bin/mt-search.cgi?search=synthetic+marijuana&IncludeBlogs=401&search= Click on this link for more detailed information on synthetic marijuana and the ban on it.
Author: James Novak – Criminal Defense and DUI lawyer in Arizona (Former Prosecutor).

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Phoenix, Mesa, Tempe, Scottsdale, Chandler, Tempe, Gilbert Arizona and surrounding cities valley-wide. .

February 21, 2011

AZ MEDICAL MARIJUANA ACT UPDATE 1

by James E. Novak, P.L.L.C.

ADHS announces final rules for the Arizona Medical Marijuana Act on schedule to be published March 28, 2011. Over 2,150 comments were submitted to ADHS regarding the final rules.

February 19, 2011 News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
According to the official ADHS website, the public comment period for the draft rules closed February 18, 2011 as expected. The ADHS stated their target date to publish the final rules is March 28, 2011.

The ADHS will be reviewing the more than 1,000 comments they received electronically and 150 verbal comments provided during public comment sessions, on this second and final round of soliciting public feedback. Abut 1,000 comments were submitted for the initial draft rules. The ADHS plans to make the comments available to the public in the near future.

When you think about the hundreds of thousands of people who voted one way or the other, on Prop 203 back in November 2010, the number of comments, (approximately 2,150) pales in comparison.

So here we are, with implementation around the corner. Arizona residents were given their chance to vote, and provide constructive input regarding the Medical Marijuana Act rules. Each city in Arizona will administer the Medical Marijuana Law by adopting the final rules as they see best fit for their city.

There will be those who have significant interests or who will be greatly affected by the law, and are still unhappy with the final outcome following all due processes. With respect to those, they have one final option to act: Put simply, move…to another city or state. Like it or not, that’s the way it is.

February 4, 2011

AZ MEDICAL MARIJUANA ACT UPDATE

by James E. Novak, P.L.L.C.

Public comments on the Arizona Medical Marijuana Act initial rules obviously had an impact based on the new rules posted January 31, 2011 by ADHS.

February 3, 2011 Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
It seems like just yesterday the votes on AZ Prop 203 were finally counted, and the law passed. Yet, here we are just a few months away from implementation.New revised rules were posted January 31, 2011 on the official ADHS website. The public has until February 18, 2011 to post electronic comments to the revised rules. Revisions were made in part based on comments contributed by the public after the initial draft rules were drafted and posted.

If you are following the events leading to implementation, mark your calendars for the next important dates that were published on the ADHS website:

1) March 28, 2011 – Final rules will be published by ADHS. These rules will l be the ones used for implementation of the Arizona Medical Marijuana Act.

2) April 2011 – Applications will be accepted and considered by ADHS for patients and caregivers who meet the required qualifications.

3) May 1, 2011: applications will be accepted and considered for dispensary registration certificates by AHDS.

ADHS will consider public comments on the revised rules until February 18, 2011. Based on the amount of changes made which can be viewed on the ADHS website, your opinions on the Arizona Medical Marijuana Act initial rules made a difference. Just the votes, every one was considered and counted. Many had regrets one way or the other if they did not vote when they had the chance on AZ Proposition 203. Don’t pass up another chance to post a constructive comment on the new rules.

January 18, 2011

AZ MEDICAL MARIJUANA NEWS

by James E. Novak, P.L.L.C.

10 Things People Are Talking About
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
According to announcements made by ADHS, over 1300 people commented on the initial draft posted by ADHS December 17, 2010. The initial comment period has ended, they are currently being considered. New rules will be available for comment on January 31, 2010, to February 18, 2011. Following the next comment period the final Rules package are scheduled to be completed and published March 28, 2011.

Of those comments on the initial draft rules, here were the 10 most talked about issues:
1. Patient-physician relationship requirements;
2. Adding more medical conditions, illnesses, and diseases to the list of those who will qualify;
3. Fees and how those with limited income can gain access;
4. Patient/caregiver cultivation mileage rules;
5. The 70% dispensary self-production and cultivation requirements;
6. Dispensary Registration Certificate approval process;
7. The requirement that each dispensary having an official medical director;
8. Medical Director Qualifications, in that the qualifications be liberalized to include more and various types of medical professionals;
9. Dispensary applicants requirement of a 2 year residency rule;
10. Cultivation facilities licensing requirements with an associated dispensary.

All comments on the initial draft are available and posted on the ADHS website. The public will get their next chance to comment on January 31, 2011 when the second draft is posted. The ADHS has expressed their commitment to considering all constructive comments. So a word to all those with concerns or interests in the Arizona Medical Marijuana Rules, don’t pass up your opportunity to let your voice be heard.

January 12, 2011

Qualifying Conditions for use of Medical Marijuana in Arizona

by James E. Novak, P.L.L.C.

January 12, 2011 News by: James Novak, Phoenix DUI and Criminal Defense Attorney
The Arizona Department of Human Services website (ADHS.gov) posted Answers to frequently asked questions. Below is the answers to the definition of a qualifying patient, and what medical condition qualify for patients to register for a Medical Marijuana Card which will enable them to obtain and use Medical Marijuana under the new law:

A “qualifying patient” is defined in Proposition 203 as a person who has been diagnosed by a physician (a doctor of medicine, osteopathy, naturopathic medicine, or homeopathy) as having one of the following debilitating medical conditions:

• Cancer
• Glaucoma
• Positive status for human immunodeficiency virus
• Acquired immune deficiency syndrome
• Hepatitis C
• Amyotrophic lateral sclerosis
• Crohn’s disease
• Agitation of Alzheimer’s disease
• A chronic or debilitating disease or medical condition that produces any of the following:

a. Cachexia or wasting syndrome
b. Severe and chronic pain
c. Severe nausea
d. Seizures (including those characteristic of epilepsy) or
e. Severe and persistent muscle spasms (including those characteristic of multiple sclerosis)
A qualifying patient’s “designated caregiver” and a “dispensary agent” will also receive registration cards under Proposition 203.
For more medical Marijuana news, visit the ADHS website www.azdhs.gov/prop203 that was created to help the public follow updates on rulemaking as Arizona prepares to implement the new law.

January 5, 2011

3500 DUI Arrests from Holiday DUI Task

by James E. Novak, P.L.L.C.

News Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
According to Arizona law enforcement officials and local Phoenix AZ sources, 3500 DUI arrests were made as a result of the DUI task forces (or AZ DUI sobriety checkpoints) set up around the state between Thanksgiving 2010 and through the New Year observed holiday 2011.

Of the 3500 DUI arrests, The East Valley Task Force accounted 1,862 which is more that half of all the arrests. Southern Arizona DUI Task Force arrested 397 drivers. The West Valley DUI Task force made 365 DUI arrests in Arizona. The 2010/2011 Arizona DUI sobriety checkpoint taskforce numbers were for this same holiday time frame in 2009/2010 was actually 26% lower. .

Those arrested for DUI were accused of either drunk driving because of alcohol or AZ DUI with Drugs (meaning allegedly driving impaired due to the influence of drugs, or other toxic substance). Note that this figure of 3500 DUI arrests in Arizona represent the number of people charged, but not yet convicted, and not yet found “guilty” of the DUI charges for which they were arrested. They are considered innocent until and unless they are proven guilty. Those arrested will have an opportunity to obtain legal representation with a qualified Arizona criminal defense attorney or DUI lawyer in Arizona to challenge the DUI, for justification, and to defend their Arizona DUI charges.

December 30, 2010

AZ MEDICAL MARIJUANA LAW TIME-LINE

by James E. Novak, P.L.L.C.

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
You could say the ADHS is not letting any “grass” grow under their feet. By their actions, they are taking their responsibilities very seriously. The Arizona Department of Health Services (ADHS) is making great strides toward regulation and implementation of the new Arizona Medical Marijuana Act. ADHS posted their official information to the public on their website including the initial draft of the Rules on line, and an official time-line regarding for the medical marijuana governing regulatory system.

You can find comprehensive news and updates at the Arizona Department of Health Services website regarding the Arizona medical marijuana law’s progress for implementation. You can also post your comments and input regarding the initial draft rules. The following time-line for bench marks is being cited from the ADHS website as it applies to Maricopa County, Phoenix-Metro, and Phoenix East Valley residents:

• December 17, 2010: ADHS posted an initial informal draft of the Rules;
• December 17, 2010 – January 7, 2011: ADHS receives informal (electronic) public comment on the initial informal draft rules
• January 31, 2011: ADHS posts official draft Rules for public comment
• January 31, 2011 – February 18, 2011: ADHS receive public comment on a revised draft of the Rules
• February 14 – 17, 2011: ADHS will hold two public meeting about the draft Rules in Phoenix as follows:
1) Phoenix: Tuesday, February 15, 2011 at 1:00 pm, 250 N. 17th Ave Phoenix AZ
2) Phoenix: Thursday, February 17, 2011 at 1:00 pm, 250 N. 17th Ave Phoenix AZ
• March 28, 2011: ADHS publishes the final Rules that will be used to implement the Act
• April 2011: ADHS begins to accept applications for registry identification cards and for dispensary certificates